1. Case Overview

During a river environment improvement project, unregistered land was expropriated, but the state (Republic of Korea) deposited the loss compensation in the court because the owner could not be specified. Accordingly, the plaintiff, as the legitimate heir of the grandfather who was the original owner of the land, filed a declaratory lawsuit to confirm the right to claim the withdrawal of the deposit corresponding to their inherited share.

2. Unique Aspects of the Case

In compensation cases for unregistered land expropriation, it is extremely difficult to prove that the 'current heir' and the 'past owner on the land register' are the same blood relative. The core issue of this lawsuit was that the rights could only be recognized if the old land register written decades ago and the complex inheritance relationship were perfectly linked and proven without error.

3. Attorney Assistance

The dedicated attorney at Law Firm Theo meticulously tracked and cross-examined vast records, including the old land register, expelled family register, and family relations register. Through this, we objectively proved that the plaintiff's grandfather and the original owner of the land were clearly the same person. Furthermore, we actively appealed to the court, citing relevant precedents, that the plaintiff had sufficient legal interest to seek confirmation of the right to claim the withdrawal of the deposit.

4. Result of Assistance

The court accepted all the logical arguments of Law Firm Theo and rendered a ruling of total victory, confirming that the right to claim the withdrawal of the deposit clearly exists for the deposit corresponding to the plaintiff's inherited share. In addition, the court ordered the defendant, the Republic of Korea, to fully bear the litigation costs incurred during the trial, allowing us to perfectly recover the client's precious rights.