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(영문) 광주지방법원 2017.04.27 2016가합59657
공탁금출급청구권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 7, 1966, the registration of ownership transfer was completed on September 7, 1966 with respect to the land of the Dong-gu Seoul metropolitan area (hereinafter “instant land”).

B. On July 12, 2016, the Defendant, as a project implementer of a housing redevelopment project, completed the registration of ownership transfer for the instant land based on expropriation on July 11, 2016.

C. On June 17, 2016, the Defendant deposited KRW 282,037,50 of the instant land on the ground that, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects by the Gwangju District Court Decision 2016, the name of the person to be deposited is “D” and the address on the registry is “Gwanju-dong-si E” and that the person to be deposited cannot be paid the compensation because his/her current address cannot be grasped.

(hereinafter “instant deposit”). D.

D deceased on April 13, 1969, and the plaintiff, F, G, H, I, J, K, L, M, N, andO, a child, jointly inherited D's property.

[Ground of recognition] Evidence No. 1-1, Evidence No. 3-3, Evidence No. 4, Evidence No. 6, Evidence No. 7-1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff is the heir of D and the remaining inheritors except F are entitled to pay the deposit of this case, since the plaintiff acknowledged that the land of this case was owned by the plaintiff and transferred the right to claim the payment of deposit money.

Therefore, the Plaintiff seeks confirmation against the Defendant that the right to claim the payment of the entire deposit of this case was the Plaintiff, and seeks confirmation as to whether the right to claim the payment of the deposit of this case was the Plaintiff with the exception of F’s inheritance shares.

3. Determination

A. (1) With respect to the confirmation of the claim for payment of deposit on the amount corresponding to the Plaintiff’s inherited shares, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation exists in the Plaintiff’s rights or legal status.

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