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(영문) 수원지방법원평택지원 2019.12.11 2019가단58801
공탁금 출급청구권 확인
Text

1. On October 4, 2018, the Defendant deposited KRW 19,606,700 deposited by Geumwon District Court No. 2308, gold 2018 and May 1, 2018.

Reasons

1. Basic facts

A. 1) The “C Village Association” was an organization composed of one person from among the residents of Pyeongtaek-gun D, Pyeongtaek-gun. Around August 1, 1976, the President was allocated KRW 500,000 to the above money on August 1, 1976, and the decision was made to establish the community hall on the land of Pyeongtaek-si, E (F) class E (F class). A decision was made to establish the community hall on the 10th day of the same month, and the community hall was submitted to H on October 31, 1976, and the community hall was established after completion inspection on the community hall was completed on October 31, 1976. However, on August 21, 1978, the registration of the ownership was completed on the land of Pyeongtaek-gun, not on the “Seoul-si G,” but on the registration of the ownership transfer of the community hall was completed on the ground of mistake in the process of registration of ownership, and there was no real estate register of Pyeongtaek-si or G-based.

On the other hand, there is no real estate registration of Pyeongtaek-si land, and there is no building ledger or real estate registration on the ground.

3) Around 1976, the “C Village Association” entered into a construction contract for a small-scale waterworks construction project with J and Dri Small-Scale Waterworks, and completed the waterworks construction work. After that, Pyeongtaek-si entered into a deep development project on May 15, 199 for the purpose of water supply management in Pyeongtaek-si, and conducted water tank repair on December 19, 200. (b) A change in the administrative district and the name of the Village Association changed the administrative district to Pyeongtaek-si, and the “C Village Association” changed to “A Village Association,” which is currently the Plaintiff’s name, in line with the change in the administrative district. (c) The Defendant, in promoting the urban development project, was unable to confirm the owner’s compensation for the facilities indicated in attached Table 1, such as Pyeongtaek-si, to be incorporated into the said urban development project pursuant to Article 40 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, on the ground that it is impossible to confirm the owner’s deposit or owner’s identity.

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