공탁금출급청구권 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the facts that there is no dispute over recognition, Gap evidence Nos. 1 and 4, and the purport of the entire pleadings, the plaintiff paid KRW 1,371,200 as to school site charges on January 27, 2003, Seoul Special Metropolitan City, Nowon-gu 105 Dong 702 (hereinafter "the apartment of this case"), and the plaintiff sold the apartment of this case to D on April 25, 2003, and issued a receipt of school site charges issued by the head of Nowon-gu in Seoul Special Metropolitan City while selling the right to sell the apartment of this case. The defendant purchased the right to sell the apartment of this case from D on October 13, 2013, and the defendant received the above receipt. ③ On the refund of school site charges on the apartment of this case, Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the first purchaser and the defendant, the transferee, the creditor could be recognized to have deposited KRW 1,371,67,606.
2. In the above facts of determination, ① as the time when the Plaintiff sells the right to sell the apartment of this case to D, it is difficult to view that the Plaintiff sold the right to sell the apartment of this case to D with anticipated refund of the charges of this case and reserving the right to purchase the charges; ② as a trade practice on the resale of apartment sale right, the sale price of the apartment of this case is determined including the school site charges, and the resale price is not determined later, and ③ the Defendant paid the resale price, including the amount of the school site charges, to D, considering the fact that the Plaintiff appears to be the Defendant, the Plaintiff sold the apartment of this case to D while selling the apartment of this case, transferred the right to the school site charges, and issued the receipt.