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(영문) 수원지방법원안양지원 2014.07.10 2013가합102119

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Both the Plaintiff and the Defendant are the children of C, and the Plaintiff is the same kind of product as D and E, and the Defendant and F are the dual kind of product.

B. On September 8, 2008, 2008, the net city ballast Co., Ltd. completed the registration of ownership transfer on the ground of public land acquisition with respect to the land and its ground buildings (hereinafter “real estate in Macheon-si”). Accordingly, on September 12, 2008, the net city development deposited 118,000,000 won for expropriation compensation (hereinafter “instant expropriation compensation”) with the passbook of a national bank in the name of D, the nominal owner of ownership on September 12, 2008.

C. Meanwhile, on June 9, 2008, after the decision to expropriate the pertinent real estate was made, D opened the instant passbook in his name with the deposit account of the instant expropriation compensation account, and delivered C the instant passbook and the seal with the password. On September 16, 2008, after deposit of the instant expropriation compensation, C deposited KRW 118,000,000 with the Defendant on September 16, 2008, along with the instant passbook and the seal and password with the Defendant, and remitted the amount to the CMA (Account number: I) of the instant expropriation compensation under the name of the Defendant.

D On March 25, 2013, asserting that he lent KRW 118,00,000 to the Defendant through C the instant confinement compensation, he/she transferred the above loan claims to the Defendant, and notified the Defendant of the fact of transferring the above loan claims. On May 23, 2013, E transferred the above loan claims to the Defendant, and then notified the Defendant of the fact of transferring the above loan claims to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1, 2, and 4 through 6 (including paper numbers), the purport of the whole pleadings and arguments

2. The assertion and judgment

A. (i) The Plaintiff’s assertion is the D’s real estate that completed the registration of ownership transfer on April 24, 1979.

Therefore, the compensation for expropriation of this case is owned by D.