[1] Requirements for recognizing that the deposited person was specified in the deposit

[2] In a case where a business entity stated the address of the person under whose deposit was made as the "distinct tion against the person under whose order the deposit was made," whether the person under whose order the deposit was made, is deemed to have been specified (negative), and whether the deposit is deemed to have been made as an absolute and impossible deposit under Article 61 (2) 2 of the Land Expropriation Act even if the relevant Acts and subordinate statutes on deposit were stated as Article 61 (2) 1

[3] Basic principle of the deposit system for repayment

[4] The purport of the provision of Article 61(2)2 of the Land Expropriation Act that permits absolute and impossible deposits, and whether a business operator’s duty to designate a creditor is exempted due to such absolute and impossible deposits (negative)

[5] The interest in confirmation as a requirement for protection of rights in a lawsuit for confirmation and the eligibility for defendant

[6] In a case where a public project operator deposits absolute compensation for expropriation, whether there is a benefit in confirmation of a lawsuit seeking confirmation against the public project operator that the owner of the land in expropriation has the right to claim for payment of deposit for the withdrawal of deposit (affirmative)

[1] [Majority Opinion] The deposit system is operated under the premise of the formal review right, the mechanical and formal process of the deposit affairs, and thus, it is in principle that the deposited official should be specified as the deposited official. In addition, in order for the deposited official to be specified, there is no room for the judgment of the deposited official as to the identity of the deposited official, and there is no hindrance in the delivery of the notice of deposit.

[Dissenting Opinion] Article 19(2)(f) of the Rules on the Handling of Deposit Affairs provides that the name and address of the person to whom the deposited goods are to be deposited (hereinafter the person to whom the deposited goods are to be deposited) shall be entered in the deposit, and Article 20(3) of the Rules on the Handling of Deposit Affairs provides that when the deposited goods are deposited for repayment, the person to whom the deposited goods are to be deposited shall be attached, if the address of the deposited person is indicated, and if the address of the deposited person is unknown, the document proving such cause shall be attached. Thus, in order to be specified as the deposited person, it shall be sufficient if the address and name of the deposited person are stated, and the document proving such address is attached, unless there is any special circumstance, to the extent that the judgment of the deposited official on the identity of the deposited person is not likely to be involved, and even if there is no relation to whether the service of the notice

[2] [Majority Opinion] In a case where a public project operator stated the address of the person to be deposited as "in the case of an attempted welfare worker" under Article 61 (2) 1 of the Land Expropriation Act, the deposit-related Acts and subordinate statutes are stated as "in the case of stating the address of the person to be deposited and the notice of deposit cannot be served without being marked properly, and thus the person to be deposited cannot be identified, so the deposit does not coincide with the facts, but the above deposit does not immediately become null and void. However, even in such a case, if there is an objective reason for deposit, the deposit shall be interpreted as valid if there is an objective reason for deposit, so it shall be deemed that the deposit is an absolute and uncertain deposit permitted to the "where the public project operator cannot identify the person to be compensated without negligence" under Article 61 (2) 2 of the Land Expropriation Act.

[Dissenting Opinion] In a case where a public project operator deposits the address of the person under obligation to receive compensation in accordance with Article 61 (2) 1 of the Land Expropriation Act on the ground that the person under obligation to receive compensation refuses to receive compensation or is unable to receive compensation, the deposit shall be regarded as a deposit under Article 61 (2) 1 of the Land Expropriation Act as stated in the deposit. Thus, it is not reasonable to regard the deposit as a deposit under Article 61 (2) 2 of the Land Expropriation Act. Furthermore, in a case where the deposit appears only in the public account address of the person under obligation to receive compensation and there is no evidence to see that there is no difference between the public account address of the person under obligation to receive compensation and the actual address of the person under obligation to receive compensation, or where it is recognized that it is not easy to confirm the deposit, the public project operator may make a valid deposit by indicating the public account address of the person under obligation to receive compensation, and since the public project operator only appears to have revealed the actual address of the person under obligation to receive compensation at the time of deposit, it cannot be regarded as a deposit.

[3] The deposit system for repayment is a system for the obligor to relieve the obligor from the obligation by depositing the object of the obligation in the deposit office, and its deposit is essentially intended to coordinate the legal relations among the private parties. Thus, our deposit system is a basic principle that the obligor is obligated to designate the obligee in making the deposit [Article 19(2)(f), Article 20(3), and Article 27-2 of the Rules on the Handling of Deposit Affairs] and the deposit officer conducts business such as withdrawing the deposit only to the obligee designated by the obligor (Articles 29 and 30 of the Rules).

[4] [Majority Opinion] In principle, in our deposit system, only the deposit of the relative uncertainty in which the creditor is specified or at least the creditor is relatively relative, and the deposit of the absolute uncertainty in which the creditor is unknown is not permitted. However, Article 61(2)2 of the Land Expropriation Act provides that when the public project operator, who is the subject of land expropriation, is unable to identify the person who is entitled to the compensation without negligence, the deposit of the absolute uncertainty is allowed, and the public project operator is exempted from the obligation to pay the compensation through the deposit and is allowed to acquire the ownership of the land. As such, exceptionally allowing the deposit of the absolute uncertainty is a temporary measure for the inevitable reason that the public project operator cannot be aware of the creditor without negligence at the time, even if it is inevitable to give prompt expropriation for the public interest, it is a temporary measure for the public interest, and thus, the public project operator is exempted from the obligation to pay the compensation by deposit, but this does not discharge the obligation to designate the creditor required under the deposit system or exempt the obligation.

[Dissenting Opinion] The deposit for repayment is a system that the obligor discharges the obligation by depositing the object of the obligation when it is impossible for the obligor to repay the obligation for a certain reason existing on the part of the obligee. In such a case, the designation of the obligor is required only when the designation of the obligor is required under the deposit procedure, and if the obligor deposits the object of the obligation by designating the obligor, the obligation would be extinguished lawfully and the obligor would be exempted from all obligations. If the obligor deposits the obligee from the beginning without negligence, there is no problem of the obligee’s designation, and even in this case, if the obligor still has the obligation to designate the obligor even after the deposit has occurred, the obligation still remains due to the absence of a legitimate deposit. If the obligation to designate the obligor remains after the effect of the deposit for repayment takes place, it is contrary to the essence of the deposit system, and since the designation of the obligor would not be legally exempted from all obligations when the obligor deposits the object of the deposit in accordance with the above legal provision, it is contrary to the purport that the obligor claims the designation of the obligor and the obligor's right to deposit should not be confirmed.

[5] In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective means for the defendant to receive a judgment of confirmation against the defendant, and the removal of such apprehension and danger is the most effective means to eliminate the plaintiff's rights or legal status. Thus, the defendant of the lawsuit for confirmation must dispute the plaintiff's rights or legal relations to cause apprehension and danger in the plaintiff's legal status, and there is a benefit of confirmation against such defendant.

[6] [Majority Opinion] In a case where a public project operator deposits compensation for expropriation on the grounds of absolute uncertainty of the person entitled to receive compensation, if he/she claims that he/she is the person entitled to receive compensation, even if he/she asserts that he/she does not actively have the right to claim payment of compensation, it does not mean that the public project operator has the status of the person entitled to receive compensation, and it is difficult to find at any time that another person is the person entitled to receive compensation. Therefore, there is unstable and dangerous in legal status. In addition, even under the deposit system, if the judgment becomes final and conclusive after being rendered a confirmation judgment that the right to claim payment of the deposit, the final and conclusive judgment is attributed to himself/herself, and the original owner of the land is entitled to receive payment by submitting the deposit payment by submitting the original judgment attached to the deposit payment application, along with the original copy of the judgment, to the deposit payment claim to the public project operator, and thus, it is absolutely possible to settle the dispute over the right to claim payment of the land against the person entitled to claim payment of compensation.

[Dissenting Opinion] As long as a public project operator made a lawful deposit of compensation, it is merely a third party, and thus, it cannot be deemed that such simple third party’s assertion is denying the claim of the person who asserts that he/she is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the true person is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the true person is the person who is the person who is the person who is the person who is the person who is the person who is the person entitled

[1] Articles 487, 488(3) of the Civil Code, Article 19(2)(f), and 20(3) of the Regulations on the Handling of Deposit Affairs / [2] Article 61(2) of the Land Expropriation Act, Articles 487 and 488(3) of the Civil Code / [3] Article 487 of the Civil Code / [4] Article 61(2)2 of the Land Expropriation Act, Articles 487 and 48(3) of the Civil Code / [5] Article 228 of the Civil Procedure Act / [6] Article 228 of the Civil Procedure Act, Article 61(2)2 of the Land Expropriation Act, Article 30 subparag. 2 of the Rules on the Handling of Deposit Affairs

[5] Supreme Court Decision 91Da14420 delivered on December 10, 1991 (Gong1992, 477) Supreme Court Decision 94Da59257 delivered on May 26, 1995 (Gong1995Ha, 2257), Supreme Court Decision 94Da21559 delivered on August 11, 1995 (Gong195Ha, 318)

Plaintiff 1 and three others (Attorney Park Jong-soo, Counsel for the plaintiff-appellant)

Korea Land Development Corporation (Attorney next full-time, Counsel for defendant-appellant)

Seoul High Court Decision 95Na27563 delivered on January 16, 1996

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below recognized that the defendant deposited KRW 270,995,00 of the expropriation compensation in order to expropriate the area of 4,592 square meters in the Songyang-gun of Gyeonggi-gun as the Government's branch of the Seoul District Court for the 90-year gold 4580 square meters in order to accommodate the area of 4,592 square meters, and held that the defendant's claim against the defendant for the payment of the payment of the payment of the payment of the payment of the deposit constitutes the defendant's claim for the payment of the deposit of the deposit of this case under the premise that the right to the payment of the deposit of this case was inherited to the plaintiffs, which is the defendant's claim for the payment of the payment of the expropriation compensation of this case, since the defendant, who is a business operator, already deposited the land in accordance with the relevant statutes, had no interest in the protection of rights, the defendant's claim for payment of the payment of the deposit of this case against the defendant's claim for payment of the payment of the deposit of this case can be attached to the defendant's claim.

2. According to the facts acknowledged by the court below and the records of this case, the defendant, a business operator, stated the address of the non-party 1, who is the beneficiary of the deposit of this case, in the deposit of this case, as the 's Myeongggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

3. The deposit system for repayment is a system for the obligor to relieve the obligor from the obligation by depositing the object of the obligation in the deposit office, and its deposit is essentially intended to coordinate the legal relations among the private parties. Thus, our deposit system is to have the obligation to designate the obligee (depositor 2(f), Article 20(3), and Article 27-2 of the Rules) in making the deposit by the obligor (depositor 19(2)(f), Article 20(3), and Article 27-2 of the Rules). The deposit officer only holds the formal review right and carries out the business of withdrawing the deposit to the obligee designated by the obligor (Article 29 and Article 30 of the Rules).

Therefore, in our deposit system, only the deposit of the relative uncertainty where the creditor is specified or at least the creditor is relatively specific, and the deposit of the absolute uncertainty where the creditor is unknown is not permitted. However, Article 61(2)2 of the Land Expropriation Act provides that when the public project operator, who is the subject of land expropriation, is unable to identify the person who is entitled to the compensation without negligence, the deposit of the absolute uncertainty is allowed, and the public project operator is exempted from the obligation to pay the compensation by the deposit and is obliged to acquire the ownership of the land. As such, exceptionally allowing the deposit of the absolute uncertainty is a temporary measure for the inevitable reason that a public project operator cannot know the creditor without negligence at the time, even if it is inevitable to promptly accept the deposit for the public interest, it is only a temporary measure for the reason that the public project operator cannot know the creditor without negligence at the time, so the public project operator is exempted from the obligation to pay the compensation by the above deposit, but thereby, it is not a duty to designate the creditor required under the deposit system or exemption from the obligation.

In addition, in a lawsuit for confirmation, there should be a benefit of confirmation as a requirement for protection of right, and the benefit of confirmation should be recognized only when it is the most effective and appropriate means to eliminate such apprehension and danger. Therefore, the defendant in a lawsuit for confirmation should have the legal interest of confirmation against the defendant, who is likely to cause anxiety and danger in the plaintiff's legal status through dispute over the plaintiff's rights or legal relations. In addition, in the case where the business operator deposits compensation for expropriation on the ground of absolute uncertainty of the person entitled to receive compensation, as in this case, he does not say that the business operator actively claims the status of the person entitled to receive compensation, and it is not clear that the other person claims that the person is the true right holder, and therefore, it should be viewed that the legal status of the person entitled to receive compensation should be recognized. In addition, the defendant in a lawsuit for confirmation should be deemed that the person entitled to receive compensation should have the right to request deposit of the original land by submitting an absolute copy of the judgment against the person entitled to receive compensation, which should be confirmed as the one entitled to claim deposit of the original owner.

Therefore, the judgment of the court below is justified in accordance with the above legal principles, and it cannot be said that the lawsuit for confirmation of this case against the depositor is unlawful because the State can become the counter-party to the lawsuit for confirmation of the claim for payment of deposit money, as pointed out in the grounds of appeal.

In addition, Supreme Court Decision 94Da27649 delivered on September 15, 1995, where land expropriation is conducted on the basis of the Land Expropriation Act, etc., where a project owner knows that he is a real landowner without negligence, and completes the procedure for expropriation, if the land owner is not aware that he is the real landowner without negligence, the owner of the land is the owner of the land subject to expropriation, the ownership already owned shall be extinguished, and at the same time the project owner acquires the right completely and clearly. In such a case, the land owner's confirmation of the right to request the payment of deposit constitutes "documents proving that he has the right to request the payment of deposit" as provided in Article 30 of the Rules for the claim of payment of deposit money, and it differs from this case, so there is no reason to hold that there is an error of law in violation of the Supreme Court precedents as discussed in the judgment below.

4. Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench, except for the final judgment of the court below, No. 1, No. 1, No. 1, No. 201

5. Dissenting Opinion by Justice Jeon Young-young, Justice Jeong Jong-ho, Justice Lee In-bok, Justice Kim Jong-sik, and Justice Shin Sung-sung is as follows.

A. First, the majority opinion considers the deposit of this case as deposit pursuant to Article 61 (2) 2 of the Land Expropriation Act (the majority opinion is so-called absolute and impossible deposit), which is permissible in the case where the business operator cannot identify the person entitled to compensation without negligence, but it is not acceptable for the following reasons.

Article 19(2)(f) of the Rule provides that when a deposit is required to be designated as the receiver of the deposited goods (hereinafter referred to as the “depositor”), the address and name of the person shall be written in the deposit. Article 20(3) of the Rule provides that when a deposit is made for repayment, if the address of the person against whom the deposit is made is indicated, the document proving the address of the person against whom the deposit is made, and if the address of the person against whom the deposit is made is unknown, the document proving the reason therefor shall be attached. Thus, in order to be specified as the person against whom the deposit is made, the address and name of the person against whom the deposit is made shall be written, and if the document proving the address of the person against whom the deposit is made is attached, unless there is any special circumstance, it shall be sufficient that the identity of the person against whom the deposit is made would be sufficient, and as

In this case, the defendant stated that the non-party 1 was the payer of the above 270,95,00 won for the purpose of accepting the land of this case, but it constitutes a case where the victim refuses to receive the compensation or is unable to receive the compensation, under Article 61 (2) 1 of the Land Expropriation Act, "the address and name of the deposited person" as the substitute 1 of the Seoul District Court's 90-190-10-200-60-60-60-60-60-60-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-7

B. Even if the majority opinion regards the deposit of this case as the deposit under Article 61 (2) 2 of the Land Expropriation Act as the defendant, the suit for confirming the right to claim payment of deposit money against the business owner cannot be accepted for the following reasons.

(1) The majority opinion argues that exceptionally allowing the so-called absolute and impossible deposits pursuant to Article 61 (2) 2 of the Land Expropriation Act is a temporary measure due to inevitable circumstances that a business operator cannot know the creditor without negligence at the time even though prompt expropriation is inevitable for the public interest. Thus, a business operator is exempted from the obligation to pay compensation for expropriation with the above deposit, but this does not mean that the business operator fulfilled the obligation to designate the creditor required by the deposit system or is exempted from the obligation to pay the deposit money, and the creditor, the original owner of the land, who is the owner of the land, has the duty to cooperate in receiving the deposit money, on the premise of this, there is a benefit in confirming the lawsuit for claiming the right to claim the payment of the deposit of this case against the business operator.

(2) However, the majority opinion that public project operators have the duty of designating creditors and the duty of cooperation is significantly acceptable. The reasons are as follows.

(A) The deposit for repayment is a system under which the obligor discharges the obligation by depositing the object of the obligation in a case where it is impossible for the obligee to repay due to certain reasons existing on the part of the obligee. As such, the designation of the person to be deposited is required only when the designation of the person to be deposited is required under the deposit procedure. In this case, the deposit was made lawfully by designating the person to be deposited, and the deposit was made legally extinguished, and the entrepreneur has discharged all obligations.

If the debtor deposits the creditor as it is impossible for the creditor to know without fault from the beginning, there is no problem of designation of the creditor, and even in this case, if the obligation to designate the creditor remains, the decision of acceptance will be invalidated without extinguishing the compensation obligation as it is not a legitimate deposit.

If the obligation to designate still remains even after the effect of the deposit for repayment takes place, it is contrary to the essence of the deposit for repayment, and it seems to be contrary to the purport of Article 61 (2) 2 of the Land Expropriation Act to allow the so-called absolute and impossible deposits to the public in order to ensure prompt expropriation for public interest, which provides that the public project operator is exempted from all of his/her obligations when he/she deposits the compensation pursuant to the above provision of the Land Expropriation Act in order to ensure prompt expropriation for the public interest. In the case of the so-called relative and impossible deposits, the party who claims the right shall be entitled to file a lawsuit seeking confirmation of the right to claim the return with the public project operator as the defendant. In the case of the above deposits, it is contrary to the fact that the lawsuit seeking confirmation of the right to claim the return for payment between the public projectors should be based on the lawsuit seeking confirmation of the right to claim the return for payment between

In short, the designation of the person to be deposited is not a matter that can be claimed by the right holder, but is only a matter of the required deposit procedure only when the designation of the person to be deposited is required by the depositor in order to discharge his/her obligation, and there is no room for any problem as to whether the designation of the person to be deposited is legitimate or not after the deposit takes effect through such procedure.

Therefore, if a business operator has made a lawful deposit in accordance with Article 61 (2) 2 of the Land Expropriation Act and the effect of the repayment has fully occurred, it is natural that the business operator has no obligation to designate a creditor any longer.

(B) In addition, in the repayment of compensation obligation, a public project operator, as a debtor, paid compensation to the creditor who is the owner of the land to be expropriated, and the debt is extinguished due to the completion of payment by the creditor (act of payment by the creditor). However, in the case of the payment of compensation for land expropriation, the obligation is extinguished by the deposit for land expropriation, and then only the procedure of receiving the deposit by the person who has the right to claim the payment of compensation to the deposited public official. In other words, in the case of the deposit for payment, the status of the public project operator as the debtor is extinguished and only the procedure of withdrawing the deposit between the person who has the right to claim the payment of the deposit and the deposited public official can no longer remain in addition to the duty to notify the public project operator under Article 488(3) of the Civil Act (the above notification of deposit is provided through the deposit public official under Articles 22(1) and 27(1) of the Regulations on the Management of Land Expropriation, but it can not be seen that the creditor's obligation to notify the payment of deposit cannot be seen even after the creditor's.

Furthermore, in case where a business operator deposits pursuant to Article 61 (2) 2 of the Land Expropriation Act, the business operator may not recover the compensation deposited by him (see the above 88Ma201 decision). Thus, the business operator who made the deposit does not remain in the right to claim the return of the deposited goods.

Therefore, if a business operator has made a lawful deposit pursuant to Article 61 (2) 2 of the Land Expropriation Act and the effect of the repayment has fully occurred, the creditor, who is the original owner of the land to be expropriated, may not be deemed to have the duty to cooperate in receiving the deposit.

Ultimately, the Majority Opinion is bound to deem that the legal relationship regarding the exercise of the right to claim payment of deposit money is confused after the obligation to pay the compensation money is extinguished by depositing the legal relationship and the compensation money.

(3) If a public project operator, who is the subject of the expropriation of land, has made a deposit of compensation pursuant to Article 61(2)2 of the Land Expropriation Act, because he/she could not know a person entitled to compensation without negligence due to the remaining relation in which the land subject to expropriation remains unregistered, the public project operator is merely a third party who does not have any interest in the deposit, as the public project operator is exempted from the obligation to pay compensation by the deposit and cannot recover the deposit.

This is obvious in light of the following points. A lawsuit for confirmation is brought against a person who has a legal relationship that may cause legal uncertainty and danger, as the majority opinion properly understands the right or legal relationship. In the case of a deposit under Article 61(2)2 of the Land Expropriation Act, the legal uncertainty and risk of the person who asserts that the person is the person who has a right to claim the payment of deposit money is not able to prove it by a certified copy of the register, which proves that he/she has the right to claim the payment of deposit money (as a case, the family register or the certified copy of the family register, etc.), and is not completely unrelated to the depositor. In this regard, it is difficult to deem that the business person is a mere third party.

In addition, it is clear that, after a public project operator made the above deposit, he/she does not have any interest in the withdrawal of the deposit, even in relation to the deposit public officials, he/she is not in the position to confirm who is the true applicant for the withdrawal.

The majority opinion argues that, as in this case, in the case where a business operator deposits compensation for expropriation on the ground of the absolute uncertainty of the person entitled to receive compensation, if the business operator claims that he/she is the person entitled to receive compensation, it shall be deemed to have the status of the person entitled to receive compensation, even if he/she claims that he/she does not actively deny that he/she has no right to claim payment of compensation, and even if the other person claims that he/she is the person entitled to receive compensation, it is difficult for the business operator to confirm that it is the person entitled to receive compensation, and as such, it shall be deemed that there is apprehension and danger in legal status. However, as long as the business operator made a lawful deposit of compensation, the business operator is merely a third person, as seen above, since the business operator is merely a third person, it cannot be deemed that the third person's assertion that he/she is the person entitled to receive compensation, or that it causes any apprehension and danger in legal status. Therefore, the majority

Therefore, seeking the confirmation of the right to claim the return of deposit against an entrepreneur cannot be deemed valid and appropriate means to eliminate the legal uncertainty and risk. Therefore, a person claiming the right to claim the return of deposit cannot bring an action against the entrepreneur to confirm the right to claim the return of deposit. In this case, a person claiming the right to claim the return of deposit can not bring an action to confirm the right to claim the return of deposit against the entrepreneur. For the following reasons, a person claiming the right to claim the return of deposit is bound to file a lawsuit against the State to confirm the right to claim the return of deposit and claim the return of deposit with the confirmation decision.

If a false expropriation of land is made, the right of the owner of the land at the time of expropriation shall be deemed to be replaced by the right of the owner of the land at the time of expropriation of deposit money. Therefore, it is not different from the claim for confirmation of ownership at the time of expropriation of the land (in the case of unregistered land, the claimant of ownership can seek confirmation of ownership with the State regardless of whether or not the State contests its ownership). Even if examined under the substantive law, if the owner of the land is not revealed even if it is not determined under the substantive law (see Articles 252 and 1058 of the Civil Act), the deposit will eventually belong to the State, and thus, if the owner of the land is not confirmed, the right of the owner of the land at the time shall be deemed to be a substitute for the right of the owner of the land at the time of expropriation of deposit money. Accordingly, it is considered that the right of the owner of the land

In addition, the majority opinion is not clear, but it is deemed that one of the corporations and countries can file a lawsuit to confirm the claim for payment of deposit even if the defendant is the company and country. However, if the majority opinion takes such opinion, there may be unreasonable results as follows. If Gap and Eul asserted that they are the true claim for payment of deposit under Article 61 (2) 2 of the Land Expropriation Act. Eul and Eul asserted against the public corporation, and Eul filed a lawsuit to confirm the claim for payment of deposit deposit against each other, and Eul cannot receive the deposit even after receiving a favorable judgment. If Gap and Eul filed a claim for payment of deposit at the same time, the deposit official cannot receive the deposit even if they cannot receive the deposit, and if they filed a claim for payment of deposit at the same time, the deposit official would not be able to remove legal uncertainty. In addition, it is unreasonable for the State to recognize the same claim for payment of deposit against the other party, as it is unreasonable to recognize it as the defendant of the above claim for payment of deposit.

C. As to this case, according to the facts established by the court below, the defendant, while implementing the housing site development project in the mountain zone around November 29, 1990, indicated the address and name of the person to be deposited as 'the address and name of the person to be deposited' and 'the non-party 1' in order to expropriate the land of this case on the ground that the owner was unknown on November 29, 1990, and deposited 270,95,000 won of the compensation for expropriation of the land of this case in the Government-Support of the Seoul District Court (No. 4580, 90, 900, the Government-Support 90, 995,000 (the defendant paid the above land expropriation compensation but it constitutes a case where the person to be deposited refuses to receive the compensation or is unable to receive the compensation). Thus, it is not clear that the plaintiffs' claim against the defendant of this case was unlawful as it did not have any interest in the plaintiff's right to claim compensation against the above company.

D. Therefore, it is reasonable to accept the judgment of the court below and to reverse the judgment of the court of first instance which dismissed the lawsuit of this case.

1. As to the ground of appeal, the ground of appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.