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(영문) 수원지방법원평택지원 2014.12.17 2014가단11326
공탁금출급권자 확인
Text

1. The defendant, around February 2, 2010, deposited by the defendant with the head of Suwon District Court No. 214 in amount of money in 2010.

Reasons

1. Basic facts

A. On October 20, 1924, with respect to land division, expropriation, and expropriation (hereinafter “land before subdivision”) 2,962 square meters (hereinafter “land before subdivision”), the ownership transfer registration based on sale was completed on October 10, 1924 in the name of Korea-U.S. C (S. D: the domicile on the registry: Ansan-gun) on October 20, 1924, with respect to land division, expropriation, and expropriation (hereinafter “land before subdivision”) was divided and expropriated into E-Ba 1,859 square meters (hereinafter “the instant real estate”). On February 11, 2010, the depositee deposited the land before subdivision as “MA’s heir, Ansan-gun D,” and the depositee deposited the expropriation compensation amount of KRW 30,115,800 (hereinafter “instant deposit”).

[However, although the depositor stated in the deposit of this case as "inducia", the deposit of this case was stated as "inducia", it was stated as "the defendant (inducia market)" by mistake.

On May 10, 1950, C (F of the Defendant’s fleet) died on May 10, 1950, and at the time, G (B) was the heir of the Defendant. 2) The net G was determined and confirmed on January 17, 1969 and died. The heir of the family registry was considered as the heir of the family registry, and there was the wife H (B) (Death on February 5, 2002), children GI (Death on March 17, 1996), the deceased status of the heir of the Defendant (F of the Sungsung-gun), the deceased status K (Death on November 3, 2006, and the deceased on September 28, 2006) and Nonparty L.

Of them, L was affirmed on February 4, 2014 by the judgment of confirmation that there is no parental relation between the deceased G and the deceased H, and the judgment became final and conclusive.

3) On May 22, 2014, the deceased I’s heir, Q, R, S, and T, who is the heir of the Plaintiff and the deceased J, consulted on the division of inherited property with the purport that the Plaintiff would solely inherit the land after division (B bank 1,103 square meters) and the instant deposit, etc. Around June 11, 2014, the Plaintiff filed the instant lawsuit to the effect that the Plaintiff could not confirm that the instant deposit was the heir.

[Ground of recognition] Unsatisfy, A(1) through (3)

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