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(영문) 수원지방법원 2017.03.30 2015가단65123

공탁금출급청구권확인

Text

1. As to the KRW 7,760,870 deposited by the Suwon District Court in 2010 from April 23, 2010.

Reasons

1. Facts of recognition;

A. At the time of the 625 War, 55 Plaintiffs C et al. are those who are settled on the surface D and E in the time of the 625 War.

The Republic of Korea, as part of the business, had the above 5-five persons develop a salt farm by putting the sea at the sea, and after the creation of a salt farm, produced sun-dried salt through a collaboration system by selling the salt farm and its appurtenant land.

B. On December 31, 1965, the Republic of Korea completed the registration of preservation of ownership with respect to the land of 21577 square meters in G miscellaneous land (hereinafter “the land prior to the instant partition”), which is the land prior to the subdivision of the F Miscellaneous land in Sung-si (hereinafter “instant land”) around December 31, 1965, with respect to the said 55 joint ownership.

C. On April 1966, the above 55 members decided to establish an association upon the recommendation of the Sungsung City, and decided to appoint 12 members, including Defendant B, who had promoted salt farms, as directors of the above association.

The above 55 persons delegated the affairs of the establishment of the association and the procedure for the registration of ownership transfer to transfer the ownership of the land prior to the division to the name of the association, and the above certified judicial scrivener completed the registration of ownership transfer in the name of 12 persons, including Defendant B, etc. on April 30, 1966 on the ground of sale on December 29, 1965.

E. However, the partnership was not established ultimately, and the registration of ownership transfer was not cancelled in the name of Defendant B and others.

F. On April 23, 2010, the Defendant Seosung-si deposited KRW 7,760,870, as compensation, from Suwon District Court Decision 3296, 201, holding Defendant B’s share of Defendant B 1/12 among the land in this case.

G. Meanwhile, on the other hand, the above 55 plaintiffs (appointed parties) and the designated parties against the defendant B, etc. filed a lawsuit against the defendant B, etc. for claiming registration of ownership transfer, etc. on several parcels of land divided from the land prior to the division (U.S. District Court 2009Gahap9273), and on September 17, 2010, the defendant B filed a lawsuit against the plaintiff (appointed parties) and the designated parties, respectively, in the attached Form No. 3 of the Request for Confirmation.