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(영문) 춘천지방법원강릉지원 2020.07.01 2019가단37065
공탁금 출급청구권 확인
Text

1. As to KRW 143,736,750 deposited by the Defendant in the Chuncheon District Court No. 777 of 2017, Jul. 7, 2017.

Reasons

1. Facts of recognition;

A. On April 7, 1965, the registration of transfer of ownership under the former Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657, hereinafter “F Land”) has been completed in the E residing in D on April 7, 1965 with respect to Gangnam-gun C, Gangwon-do (hereinafter “C land”), and on May 11, 1965 with respect to F Return 482 (hereinafter “F land”), the registration of transfer of ownership under the Special provisions on Farmland was completed in G.

B. On March 16, 1967, the registration of transfer of ownership was completed on March 14, 1967 in the name of the Plaintiff (A, I) who resided at H on March 16, 1967, and on the land C, on December 10, 1974, the registration of transfer of ownership was completed on January 25, 1970.

C. On November 1, 1974, Jinju-gun, Gangwon-do 901, the administrative district and the area unit were changed to the 2,979m2. hereinafter “instant land”). On December 17, 1974, the division adjustment was completed with respect to the land of this case, and the registration of replotting was completed with respect to the land of this case on December 17, 1974.

In the process of transferring the former registry on July 24, 1981 pursuant to the Guidelines for Cardization of the Real Estate Register (Rules of the Supreme Court No. 218) of the Real Estate Register, the Plaintiff’s receipt number of ownership transfer registration and the grounds for registration were erroneously stated as C’s registration of transfer of ownership in the name of E on land (amended by the Farmland Special Assistance Act No. 6731, Apr. 7, 1965) and the Plaintiff’s domicile was erroneously stated as D’s address, E’s address.

E. Based on the above erroneous registry, as the registry of the instant land was computerized pursuant to Article 177-6(1) of the former Registration of Real Estate Act (Act No. 5592) on March 13, 2000, the name of the owner on the registry was entered into “A” or “D”.

F. The above name-based D, the deceased (A; hereinafter “the deceased”) resided in the above name-based D, and died around October 30, 1971, and the land of this case was expropriated in the defendant company.

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