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(영문) 대구지방법원김천지원 2015.09.04 2014가합1839
공탁금출급청구권 확인
Text

1. All of the plaintiffs' lawsuits against Defendant Republic of Korea are dismissed.

2. Defendant Kimcheon-si:

(a) Attached List No. 1.

Reasons

1. Facts of recognition;

A. On May 16, 1946, with respect to the land of this case, Kimcheon-si E-si and 2,288.2 square meters (hereinafter “the instant land”) changed from May 16, 194 to the “Gecheon-si M” after the administrative district was changed to the “Gecheon-si M.” The registration of ownership transfer was completed on May 15, 1946 in the name of “H.”

B. The Plaintiff’s father, the father of the Plaintiff, was J and the permanent domicile was HJK K, and L and March 23, 1931, the Plaintiff resided in the above K and died at the same place as of July 13, 1978.

C. I had a son A (Marriage on September 30, 1961), a woman B (Marriage on March 16, 1970), a woman N (Marriage on July 7, 1975), a woman C (Marriage on May 22, 1970), and a son-Named Plaintiff D between her wife and her wife. L died on March 9, 2009.

During that period, Defendant Kimcheon-si imposed on F the property tax (land), urban planning tax, and local education tax on the instant land. The tax certificate (Evidence A4) of the tax item of local tax in 2005 through 2008 includes the F’s date of birth as the taxpayer in J and his domicile in Kimcheon-si, and the tax notice of the property tax (Evidence A-2) in 2011 (Evidence A-2) includes the F’s domicile as the taxpayer in Suwon-si, Suwon-si, OB, the domicile of the Plaintiff B, and during that period, the Plaintiffs paid all the said taxes.

E. Meanwhile, among those who were registered as a resident in Kimcheon-si, there was no person who had the name of "F", and on March 4, 1947, the ownership transfer registration was completed in Qua on October 11, 2006.

F. When the instant land was incorporated into the instant site as a project implementer of the R Development Project (hereinafter “instant project”), Defendant Kimcheon-si sent a registered mail to Plaintiff A on October 15, 2012, requesting consultation on compensation for losses. On March 22, 2013, Defendant Kimcheon-si completed the inheritance registration of the instant land by April 1, 2013 and paid compensation for losses.

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