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(영문) 대구지방법원경주지원 2017.06.13 2017가단10551
공탁금 출급청구권 확인
Text

1. Attached Form 2, among the KRW 12,160,40 deposited by the Defendant in the Daegu District Court and the Daegu District Court for racing on May 28, 2010 as gold No. 349 in 2010.

Reasons

1. Basic facts

A. According to the record of the former land cadastre, it is indicated that, on August 30, 1912, the Plaintiff received an assessment under the name of the C with the address in Ulsan-gun B on August 30, 1912 with respect to the land of 804 square meters (2658 square meters (hereinafter “the land before the instant subdivision”).

B. On August 5, 2009, the land before the instant partition was divided into the A cemetery 2456 square meters (hereinafter “1 land”) and D cemetery 202 square meters (hereinafter “2 land”).

C. Of each of the above lands remaining unregistered, the land No. 2 was incorporated into E Corporation projects executed by the Defendant, and the Defendant deposited KRW 12,160,400 as land compensation in Daegu District Court Seo-gu District Court 349 on May 28, 2010 through the procedure for the adjudication of expropriation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), and on the ground that “the exact owner is not known because the land No. 2 was unregistered and the unregistered owner was entered as C, but only the land owner was entered as Ulsan-gun, the exact owner is not known.”

(hereinafter referred to as “instant deposit”) D.

On June 14, 2010, the defendant completed the registration of ownership preservation on the land No. 2.

E. On January 12, 2017, Plaintiff F filed an application for the correction of unregistered land owner’s address with respect to land No. 1, and the address of the owner C on the land cadastre No. 1 was corrected to “Ulsan Metropolitan City North-gu G,” and Plaintiff F completed registration of initial ownership with respect to land No. 1 on February 10, 2017.

F. On the other hand, the plaintiffs' deceased on January 29, 1942 and deceased on January 29, 1942 and deceased on March 15, 1981 and deceased on March 15, 1981, the deceased deceased on March 15, 1981, and the deceased deceased on the deceased's wife K, the plaintiff L, and the non-party's deceased M (Death on September 27, 1942 after marriage on September 27, 1938) were jointly inherited by the plaintiff N, who is the deceased's deceased heir, the deceased on the deceased's wife's wife, the deceased's wife, and the deceased on the deceased's wife's wife, the deceased on his wife's wife's wife, the deceased on his wife's wife, the deceased on his wife's wife, and the plaintiff N1/14, the plaintiff N1/14).

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