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(영문) 대전지방법원 2018.01.10 2017나105072
공탁금출급청구권확인
Text

1. Revocation of the first instance judgment.

On July 18, 2012, the Defendant deposited with Daejeon District Court No. 2012, 4083, 58,701.

Reasons

1. Basic facts

A. On December 5, 1963, B 680 square meters (hereinafter “instant land before subdivision”) was divided into C river 544 square meters (1,798 square meters) and D bank 136 square meters (450 square meters) and land category was changed simultaneously.

B. On September 16, 2010, the said C river 544 square meters (1,798 square meters) was divided into C river 952 square meters and F river 846 square meters, and the said D bank 136 square meters (450 square meters) was divided into D bank 192 square meters and G bank 258 square meters, respectively.

C. The registration of initial ownership was completed on February 10, 1965 with respect to the instant land prior to the subdivision under the name of H (resident address: petitioner I).

On December 7, 1993, J, the Plaintiff’s prior owner, died on December 7, 1993, and on January 19, 2012, the deceased J agreed on the division of inherited property between the heir of the deceased J, to have the said C or D land owned solely by the Plaintiff.

E. As to the above F and G land (hereinafter “each of the instant lands”), the registration of ownership transfer was completed on July 18, 2012 on the ground of expropriation as of July 18, 2012 under the Defendant’s name.

F. On July 18, 2012, the Defendant deposited KRW 58,701,60 as Daejeon District Court No. 4083 in order to deposit KRW 58,700 for each of the instant lands, on the ground that the address and present whereabouts of the deposited person cannot be known.

(g) The address of H on the old land cadastre and the registry of each of the instant lands is indicated as “Petitions I,” and the resident registration number of H on the old land cadastre is indicated as “T”.

The current land cadastre also includes the same address and resident registration number as the land cadastre.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 9 through 14, 16, 26, 30, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserts the following.

H, the owner on the registry of each of the instant lands, and the Plaintiff’s assistance network J are the same person, and each of the instant lands is the sole owner of the Plaintiff according to the agreement on division of inherited property.

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