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(영문) 울산지방법원 2018.01.10 2017가단8455
공탁금 출급청구권 확인
Text

1. The Defendant deposited 75,731,300 won to the deposit officials of the Ulsan District Court on February 28, 2017 as the gold No. 1139 in the year 2017.

Reasons

1. The facts under each of the following subparagraphs are acknowledged to the effect that there is no dispute or the whole pleadings, other than each macro- documentary evidence.

The land cadastre drawn up on March 10, 1912 (hereinafter referred to as “the land before subdivision”) with respect to the original “656 square meters prior to Ulsan Northern-gu B” (hereinafter referred to as “the land before subdivision”), is written as the assessment of C on March 10, 1912, and the land before subdivision is written as the transfer of ownership to D on July 16, 1914 (hereinafter referred to as “the land before subdivision”).

[1] On November 5, 1919, the land before subdivision was partitioned into three parcels of land, including E, F, and G (A-3, B-1), and accordingly, the “B” which is the parcel number of the land before subdivision was also modified into E.

[1] And after the same day, the category of F’s land was changed from “F” to “road”

[A 1-3] On the other hand, on July 29, 1921 with respect to land "E", registration of ownership preservation has been made in the name of D (D and address: Ulsan-gun H) on July 29, 1921, and on the same day, on September 15, 1920 in the name of the Joseon Central Railroad Co., Ltd. on the same day, registration of ownership transfer has been made on September 15, 1920.

[A] In addition, on May 29, 1931 (Fire 6 years) with respect to “G” land, registration of ownership preservation has been made in the name of D (D, address, Ulsan-gun H) and on the same day, registration of ownership transfer has been made on May 16, 1931 on the same day.

[A7] On the contrary, as regards F's land after division, only the F's land cadastre has been compiled in the D's future, and unlike other divided land, registration of preservation of ownership has not been completed yet.

Then, after the division, “F” was divided into “J” land on June 11, 1935, and the area was reduced to 110 square meters, namely, 364 square meters (A, B, 2-5). On December 8, 2015, the area was divided into “K” (hereinafter “instant land”).

As the instant land is incorporated into “L Expansion Works” and “section 2” public project, the Defendant is unable to identify the exact owner due to the lack of D’s address that the said land was unregistered and that was registered as the owner on the land cadastre.

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