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(영문) 광주지방법원 2016.08.10 2016가단509469
공탁금 출급청구권 확인
Text

1. On June 7, 2013, the Defendant deposited 25,847,50 won by the Gwangju District Court Decision 2013No. 5038.

Reasons

1. Basic facts

A. The Defendant, as the executor of the Gwangju B general industrial complex development project, was to expropriate 490 square meters prior to Gwangju Metropolitan City Mine-gu C pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “the instant land”), and decided to pay KRW 25,847,50 to D registered as the owner of the instant land upon obtaining a ruling of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee.

B. On June 7, 2013, the Defendant deposited the said D with the Gwangju District Court No. 5038 by making the owner D as the person who was entered in the address on the said registry as the principal deposit.

C. The Plaintiff’s father (E) died on November 28, 2009, and his heir had the Plaintiff, Nonparty F, G, H, H, I, J, K, and L.

On February 29, 2016, the above inheritors agreed on the division of inherited property to own the instant land as owned by the Plaintiff.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 5-1 to 4, Evidence No. 6, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion asserts that since D and D, the father of D as to the land of this case, were the same person, and D's heir divided the inherited property agreement with D's heir to own the land of this case, the legitimate right to withdraw the above deposit is the plaintiff.

B. The issues of this case regarding the Plaintiff’s assertion are whether the owner D and his father D are the same person.

According to the evidence No. 2-1, although the address of the owner D on the above registry was written as Mine-gun M (Seoul Metropolitan City mining area N, hereinafter, hereinafter, hereinafter, 'the address on the registry'), the following circumstances are acknowledged by the overall purport of the statements and arguments in the evidence No. 2-4, No. 5-1, No. 5-2, and No. 6.

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