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(영문) 대구지방법원상주지원 2019.09.04 2019가단837
공탁금 출급청구권 확인
Text

1. On October 26, 2017, the Defendant deposited 41,083,00 won as the head of Daegu District Court No. 1135 for resident support in 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a part of the door that has a domicile in the door-si B.

B. On October 26, 2017, the Defendant deposited KRW 41,083,00 of the compensation determined by the Central Land Expropriation Committee pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor with respect to each land and obstacles included in the attached list to be incorporated into the C National Highway Construction Works (hereinafter “instant land, etc.”), as 1135, Daegu District Court resident support in 2017, on the ground that the actual owner cannot be identified.

(hereinafter “Deposit of this case”). C.

Attached Form

Each land entered in the list is unregistered.

Attached Form

Land listed in paragraphs (1) through (6) of the list is divided into land listed in paragraphs (7) and (4) from land of literature Do, E, F, G, and H, respectively. The land and the forest land register for land before the said division are written by the owner as “A” with the address in literature Gyeong-si.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 9, the purport of the whole pleadings

2. The lower judgment on the ground of claim and the circumstances revealed that revealed the purport of the entire arguments and the evidence revealed as seen above. In other words, the Defendant deposited the Plaintiff as the deposited money for expropriation of J, K, L, and M, which was divided from each plot of land as listed in the separate sheet around June 13, 2016, with the Plaintiff deposited the money for expropriation of J, K, L, and M as the deposited money. The Plaintiff continued to pay taxes from 2003 to 203 regarding each piece of land listed in the separate sheet before the division, and there is no evidence to deem that there was a change in rights after each piece of land listed in the separate sheet was divided from the mother land. Thus, the instant land, etc. can be recognized as the Plaintiff.

On the other hand, when the person entitled to the compensation is unable to receive it due to his unknown address, the project operator deposited the compensation on the ground that it falls under the case.

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