공탁금 출급청구권 확인
1. The plaintiffs' action against the defendant Busan Urban Corporation is dismissed.
2. Between Plaintiff A and Defendant C, D, and E, Defendant.
1. The plaintiffs' ex officio determination as to whether the lawsuit against the defendant Busan Urban Corporation is legitimate is sought against the defendant Busan Urban Corporation, and the defendant Busan Urban Corporation's claim for payment of deposit money of KRW 24,270,740 deposited by the 2008 Busan District Court's dong Branch on February 21, 2008 to the effect that on February 21, 2008, the defendant Busan Urban Corporation's claim for payment of deposit money of KRW 24,270,740 deposited by the 208 dong Branch of the Busan District Court's dong Branch on February 21, 2008 to the effect that the defendant Busan Urban Corporation's claim for payment of deposit money of KRW 24,2
However, in cases of the deposit for repayment on the ground of the relative uncertainty of creditors under the latter part of Article 487 of the Civil Act, one of the persons to be deposited may file a claim for the withdrawal of deposited goods by submitting a written consent from another person or a final and conclusive judgment in favor of the other person to confirm the right to claim the withdrawal of deposited goods that he/she received against him/her (see, e.g., Supreme Court Decision 2011Da55405, Nov. 10, 201). Thus, seeking confirmation of the right to claim the withdrawal of deposited goods against a third person who
Therefore, the part of the lawsuit of this case seeking confirmation of the right to claim deposit payment against the defendant Busan Urban Corporation, not the deposited party, is unlawful as there is no benefit of confirmation.
2. Determination as to the plaintiffs' claims against Defendant C, D, and E
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deemed confessions of applicable provisions of Acts (Articles 280 (3) 2 and 150 (3) of the Civil Procedure Act);
3. In conclusion, the plaintiffs' lawsuits against the defendant Busan Urban Corporation are dismissed as illegal and, as the plaintiffs' claims against the defendant C, D, and E are reasonable, it is so decided as per Disposition with all of them.