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(영문) 대구지방법원김천지원 2014.11.28 2014가단5803
공탁금출급청구권확인
Text

1. As to KRW 20,881,950, which the Defendant deposited with the Daegu District Court Kimcheon-do in 2014 as gold No. 363 on April 20, 2014.

Reasons

1. Facts of recognition;

A. On March 27, 1965, the registration of the preservation of ownership in the name of “A” was completed on March 27, 1965 with respect to the Gu District Court No. 13417, the Daegu District Court (hereinafter “instant registration of the preservation of ownership”), and the address is indicated as “Ma-gun C”.

B. The Plaintiff’s domicile at the time of March 27, 1965, the Nonparty’s death relationship D, the Plaintiff’s death relationship, was “Masan-gun C.”

C. On April 20, 2014, the Defendant deposited KRW 20,881,950 (hereinafter “the instant deposit”) with the Daegu District Court Decision No. 363 Decided 2014, the Defendant deposited KRW 20,881,950 of the amount of compensation for expropriation on the ground that the principal’s resident registration address and present whereabouts cannot be known with respect to the instant land transferred to the construction site of the Youngcheon Expressway (hereinafter “instant deposit”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. The following circumstances, which are acknowledged as a result of the determination of the cause of the claim as above, by adding the whole purport of the pleadings to the entries in Gap evidence No. 5-1 to 3, namely, the land in this case, is divided from the plaintiff's father Eul, the plaintiff's father Eul, and which is divided from the plaintiff's father Eul

6. After the death of the plaintiff in the war on 25.2, the non-party F, the mother of the plaintiff, made a tomb E at the corner of the land in this case and cultivated the remaining land as a dry field. The relationship with the plaintiff's age was too old at the time when the Special Measures on the Registration, etc. of Ownership of the former General Farmland was enforced around 1964, and the plaintiff applied for registration of ownership preservation of the land in this case on behalf of the plaintiff pursuant to the above Special Measures on behalf of the plaintiff. The deceased D appears to have recorded the deceased's domicile in the address column of the application for registration when applying for registration of ownership preservation as above. The title holder of this case and the plaintiff are the title holder of this case.

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