공탁금 출급청구권 확인
1. D Cooperatives: KRW 21,34,00, out of KRW 21,344,00 deposited by this Court No. 586 on December 31, 2018; KRW 9,147,428.
1. Basic facts
A. The Plaintiff and E are legally married couple who completed a marriage report on April 18, 2013, and the Defendants are born between E and F.
B. From the end of May 2018 to the end of August 2018, 2018, E cultivated bean in farmland and leased farmland owned by E (hereinafter “instant farmland”) (hereinafter “instant bean farmer”), and died on September 25, 2018, taking up only the harvest of the said farmland.
(hereinafter referred to as “the deceased”).
After the death of the deceased, the Plaintiff harvested bean in the farmland of this case, and the Plaintiff entrusted D Association with the selection of bean and kept bean in custody on November 5, 2018.
D Partnership purchased the entire bean in custody with the consent of the Plaintiff and the Defendants, and the Plaintiff and the Defendants asserted their rights to KRW 21,344,000 for the sales proceeds (hereinafter “the sales proceeds of this case”) and deposited the said sales proceeds with the Plaintiff and the Defendants as depositors pursuant to the latter part of Article 487 of the Civil Act on December 31, 2018.
(No. 586 of this Court, 2018, hereinafter “instant deposit”). 【No dispute exists, Gap 1-10, 13 evidence, Eul 2 evidence, and the purport of the whole pleadings.
2. Summary of the cause of claim asserted by the plaintiff
A. The Plaintiff and the Deceased agreed to do so as a joint business in 2018, and the Plaintiff bears the purchase of seeds of the Congo, personnel expenses, and retirement expenses, etc., and the pesticide price, general materials expenses, etc. were purchased on credit and repaid after harvest of the Congo.
After the death of the deceased, the Plaintiff harvested the bean as well as the deceased. After the death of the deceased, the Plaintiff harvested the bean.
The Plaintiff and the Deceased concluded a partnership agreement with respect to joint business with respect to the instant bean farmer, and the deceased’s death led to the Plaintiff’s sole ownership of the bean crops jointly owned by the Plaintiff and the Deceased.
The harvested material of the Congo is solely owned by the Plaintiff and does not constitute the deceased’s inherited property, and thus, the right to claim the payment of the instant deposit in lieu of the sales proceeds claim.