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(영문) 대구지방법원 김천지원 2018.06.12 2017가단34574
공탁금 출급청구권 확인
Text

1. As to KRW 70,860,80 out of the KRW 141,721,60 deposited by the Defendant as the Geumcheon District Court Kimcheon-si, 2013 Geumcheon-gu Branch of the District Court in 70,860,800.

Reasons

1. Basic facts

A. The deceased B is a person under the title of land investigation and injury who is a land investigation and injured person of the 1,094 square meters in C, Kimcheon-si, the 1,97 square meters in D, and the 1,977 square meters in D (hereinafter “each of the instant real estate”).

B. On April 1, 1942, the deceased on April 1, 1942, E became the head of Australia and the sole property inheritor, and E died on April 25, 1969, and at the time of death, there were the head of South-Nam F, South-Nam G, the head of a son and female H and female I.

G died in around 2013, and there are plaintiffs, J, K, L (pre-name M), and N as the heir of the network G.

C. On June 20, 2013, the Defendant deposited KRW 141,721,600 as compensation No. 816, on the ground that the owner was unknown on August 7, 2013, on the ground that the entry of the former land cadastre alone, while incorporating each of the instant real estate into an O industrial complex, the Defendant deposited KRW 141,721,60 of the compensation under the name of the Defendant for each of the instant real estate in the name of the Defendant on August 9, 2013, on the ground that the owner was unknown (hereinafter “the instant deposit”).

On the other hand, on March 15, 1999, the adjudication of disappearance was finalized on the expiration of the period of disappearance on March 15, 1999 (Seoul District Court Decision 2016 Ma10009), and on Q, R, S, and T as of April 6, 1984, the adjudication of disappearance became final and conclusive on the expiration of the period of disappearance on April 6, 1984.

(F) Daegu District Court Decision 2016 Modan10044). E

Around August 2017, the Plaintiff, J, K, L, and N, the heir of H, I, and deceased G, agreed on the division of inherited property with the content that the Plaintiff, J, K, L, and N would own 1/2 of the instant deposit, which is the deceased F’s inherited property.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 4, 15 to 21 (including virtual numbers), the purport of the whole pleadings

2. The owner of each of the instant real property is the network B, in which land was assessed during the Japanese occupation period, and inheritance was performed from the network E.

E’s successors are F, G, H, and I, among them, wife and children who are F’s successors, died on April 6, 1984, and F’s heir 1 and 2.

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