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(영문) 대전지방법원 2020.02.12 2018가단5574
공탁금출급권확인
Text

1. The Defendants are entitled to claim the payment of deposit amount of KRW 20,583,920 deposited by the Daejeon District Court No. 2246 in 2010.

Reasons

1. Indication of claim;

A. The land indicated in the Disposition No. 2 (hereinafter “instant land”) is the Plaintiff’s mother’s land purchased by G to the Plaintiff. The Plaintiff’s mother was registered in the name of G, Defendant C, H, Defendant D (one person E), I, J, and K, other than the Plaintiff.

B. On May 18, 2010, the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) completed the registration of the establishment of divided superficies on a part of the public space above the instant land in order to use the installation space while constructing electric transmission lines on the instant land, and deposited KRW 20,583,920 as indicated in paragraph (1) with compensation for losses incurred by land use to the said eight owners including the Plaintiff.

C. G, H, I, J, and K died.

(B) The plaintiff voluntarily withdrawn his lawsuit. (D)

Defendant C is between the Plaintiff’s external third village and Defendant D (one-person E) and the private village.

The name of the defendant D's satisfaction compensation is E.

Although the birth days and E are different from those on the resident registration of Defendant D, the life years are 1928. According to the resident registration card of Defendant D, Defendant D’s spouse is M, children are N (O), P, Q, and they are the same as the name of E’s spouse and children.

Therefore, E recorded as one of the L of Defendant D and the instant land is the same person.

The instant land is owned solely by the Plaintiff. Since only the name of the Defendants was entrusted with the Plaintiff’s joint ownership, the Defendants are obligated to implement the procedure for ownership transfer registration based on the termination of title trust on the date when the request for alteration of the claim and the cause of the claim regarding the instant land was served on the Plaintiff on December 27, 2019 ( January 16, 2020), and transfer the right to claim the payment of deposit money stated in Section 2 of the Disposition to the Plaintiff, and to notify the Republic of Korea of the assignment of the claim.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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