공탁금 출금 확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is that the Plaintiff lent KRW 100 million to Defendant D and did not receive repayment, and instead, received the following rights from Defendant D in lieu of the repayment of the said debt.
The Plaintiff filed a complaint for the registration of ownership transfer with respect to F apartment 103 dong 1001 (hereinafter “instant apartment 1001”) sold by E Co., Ltd. (hereinafter “the instant depository”) based on the apartment sale contract (hereinafter “sale right”) with G, the actual representative of the instant depository, but the Plaintiff requested the registration of ownership transfer based on the above sale right. However, as the Plaintiff refused, G filed a complaint for breach of trust, etc.
G deposited KRW 20,000,000, as stated in the purport of the claim in order to avoid detention in the above investigation procedure.
(hereinafter referred to as “instant deposit”). Therefore, the Plaintiff is the Plaintiff, and thus, the right to claim for the payment of the instant deposit is sought confirmation against the Defendants, as indicated in the deposited money, together with the Plaintiff.
2. In full view of the facts stated in Gap evidence No. 4 and the purport of the whole pleadings, the facts constituting the deposit of the instant deposit can be acknowledged as follows.
The depositor of this case was the executor of the F apartment in the Dongcheon-si, Gyeonggi-do, and the KH which is the contractor, bears 20,000,000 won of the subcontract price to the contractor B, and the depositor of this case offered the right to sell the F apartment 103 Dong 1001 to secure this right as collateral to the depositor B. However, the depositor B asserted that the contract was borrowed by the KF apartment 103 Do 1001,00,00,000. However, the relationship between the depositor B and the FF apartment c is unclear, and the right to sell the bond is indicated as the buyer D (the contractor B requests that the initial contractor B state D as the buyer). The right to sell the bond is currently held by the contractor A, and it is described as the transferor of the above 4.