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(영문) 창원지방법원진주지원 2020.04.14 2020가합10711
공탁금출급청구권양도의사표시
Text

1. The Defendants, the Korea Land and Housing Corporation, on May 7, 2019, shall prohibit the Plaintiff from working for the Changwon District Court in 2019.

Reasons

1. Facts of recognition;

A. F (hereinafter “the deceased”) died on July 13, 2015 while owning the real estate listed in the Attachment No. 2 (hereinafter “instant real estate”), and: (a) the heir, among the inheritors, the Plaintiff, G, H, and joint Defendant I was 4/20 shares, respectively; and (b) the heir, among the inheritors, was inherited in the shares of 1/20 shares.

B. The Plaintiff filed a claim for adjudication on the division of inherited property against the deceased’s inherited property under Busan Family Court Decision 2016Dhap20027. On September 26, 2017, the said court rendered a judgment on the division of inherited property by dividing the inherited property of the deceased, including the instant real property, into the Plaintiff’s sole possession, but the Plaintiff divided the inherited property by settling in cash the amount equivalent to the specific inherited portion of

C. The Plaintiff filed an appeal with Busan High Court No. 2017B5020, but the said court dismissed the said appeal on March 13, 2019, and changed the judgment of the first instance court to the effect that the amount of cash settlement for G was paid to J, K and L, which was a co-defendant, according to the litigation acceptance system due to the death of G during the course of the appeal trial. Accordingly, the Defendants re-appealed to Supreme Court Decision 2019S567.

The Korea Land and Housing Corporation, based on the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, expropriated the instant real estate as a project site in the M Industrial Complex, and deposited KRW 1,072,46,550 in total with the Jinwon District Court Jinwon District Court on May 7, 2019, the compensation for expropriation of KRW 214,493,310 for the Plaintiff, H and joint Defendant I, and KRW 53,623,328 for Defendant B and C, respectively, and KRW 53,623,327 for Defendant D and E, and KRW 71,497,770 for K and L, respectively.

(hereinafter the above deposited money is referred to as “instant deposit”). E.

In the above re-appeal trial, the Defendants increased the compensation for the instant real estate through the preparatory brief dated May 24, 2019, and changed to the deposit money of this case. As such, the Defendants inherited property on the basis of the deposit money of this case.

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