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(영문) 대구지방법원김천지원 2020.01.08 2019가단34547
공탁금 출급청구권 확인
Text

1. The separate list of the deposited money deposited by the Defendant in the Daegu District Court Kimcheon-dong Branch in 2018 as KRW 19,140,000, respectively.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, 3, and 4-1 to 9; (c) evidence Nos. 5-1 to 5-9; (d) A6, 9, 10, and 11; and (e) the purport of the entire pleadings.

With respect to 1392 square meters (421 square meters, hereinafter “instant land”) before Kimcheon-si, Kimcheon-si, the ownership transfer registration was completed on October 1952 by one fifth of shares in the name of O, K, P, Q, and R on June 30, 1965.

B. On August 31, 2018, the Defendant, as the project implementer of the S General Industrial Complex (Stage 3), accepted K’s share (1/5) and P’s share (1/5) in the instant land through a ruling of expropriation by the Pyeongtaek-do Regional Land Expropriation Committee on the said project. As to the compensation for the said K’s share, the Defendant deposited KRW 19,140,000 as the Daegu District Court Kimcheon-gun Branch of 2018, the Defendant deposited KRW 839, the compensation amount for the said K’s share as “K and address Y-gun T”.

(hereinafter “instant deposit”). C.

The fact of the cause of deposit in the deposit form is that "I will deposit 19,140,000 won for compensation decided by the City and Do local Land Tribunal, but because the principal's resident registration address and present whereabouts cannot be known, it becomes insolvent." The statutory provision is Article 40 (2) 1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

Since then, on October 22, 2018, the registration of transfer of shares in K (1/5) in the land in this case was completed on November 9, 2018 on the ground of land expropriation as of October 22, 2018.

E. Meanwhile, L was born in Gincheon City T, and died on January 8, 2003, and the Plaintiffs, who were L’s children, inherited one-half of each share.

2. Determination as to the cause of action

A. The aforementioned facts are established prior to whether K and the Plaintiffs’ decedent L in the registry of the register are the same person, as well as the evidence set forth earlier, and the evidence set forth therein, and the evidence set forth therein.

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