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(영문) 서울중앙지방법원 2018.11.08 2017가단5222590
공탁금 출급청구권 확인
Text

1. On August 7, 2015, the Defendant deposited 3,434,80 won as the gold No. 1217 of the Gwangju District Court Decision 2015.

Reasons

1. Facts of recognition;

A. The instant land is the land owned by F, a lighting assistant of the Plaintiffs, on July 23, 1915, on the grounds that the land was owned by the Plaintiff.

B. As to the instant land, registration of initial ownership was completed under F on October 26, 1989. However, on August 7, 2015, the Defendant (Yansan Regional Land Management Office) completed the registration of ownership transfer under the name of the Defendant on the ground of expropriation of the instant land for G road construction on August 7, 2015, stating that “the person under consideration is not known” and “the name on the register and land cadastre of the land to be expropriated” is indicated, but the deposit is not absolute and unexplodedd because the address has no address.”

C. On March 26, 1924, the F inherited the F’s property solely by inheritance of Australia by the head of H, South Korea, and upon the death of his unmarried person on September 22, 1930, H inherited the F’s property solely by inheritance of Australia.

On September 14, 1987, I died as an unmarried person, and as a result, on March 10, 1981, J, 3 of F, as his punishment, died, on his own property, the Plaintiff (Appointed Party) succeeded to the 6/15 shares of J, the 6/15 shares of J as family heir, the 6/15 shares of the 6/15 shares as family heir, and the 1/15 shares of the 1/15 shares of the 6/15 shares of the 6/15 shares as family heir, and the 1/35 shares of the 1/15 shares of the 1/15 shares as of November 15, 2010 by K.

As a result, Plaintiff (Appointed Party)’s inheritance shares on the instant land were 3/6 (=6/15/15 6/15 】 1/4), the designated parties B, C, and D’s inheritance shares were 1/6 (i.e., 1/15 x 1/4). If the Plaintiff (Appointed Party) and the designated parties are calculated according to the above inheritance shares ratio, the Plaintiff’s shares on the instant land were calculated according to the above inheritance shares ratio: KRW 1,717,40 (i.e., 3,434,80 x 3/6), 572,467 x 3,434,80 x 800 x 572,467 x 3,434,800.

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