공탁출급청구권확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts of recognition are as follows: ① The Plaintiff paid KRW 1,486,260 on December 7, 2003 to Seo-gu Incheon Metropolitan City, a school site charge of KRW 1,62 million on the 3rd-gu, Seo-gu, Incheon Metropolitan City (hereinafter “instant apartment”); ② on September 11, 2004, the Plaintiff issued a receipt of school site charge issued by the head of Seo-gu, Incheon Metropolitan City while selling the right to sell the instant apartment to the Defendant for KRW 16.2 million; ③ on the refund of school site charge of the instant apartment, the Plaintiff and the Defendant, the initial purchaser, are in dispute between the Plaintiff and the Defendant, the buyer, and thus, the creditor could not be found to have known. < Amended by Presidential Decree No. 21814, Nov. 30, 2009>
2. In light of the above facts, as there was no decision of unconstitutionality on the provisions of the Act on the Charges for School Sites (amended by March 31, 2005) by the Constitutional Court at the time when the Plaintiff sells the apartment of this case to the Defendant, it is difficult to view that the Plaintiff sold the right to sell the apartment of this case without reservation of the right to refund the charges of this case and reserving the right to sell the right to sell the apartment of this case. ② In light of the fact that the ordinary transaction practices on the resale of apartment of apartment of this case set the resale price including the charges for school site charges, and that the resale price including the charges for school site charges is scheduled to be refunded later and the resale price is not determined by promising to be refunded, the Plaintiff appears to have transferred the right to the charges for school site to the Defendant while selling the apartment of this case and issued the receipt thereof. Thus, it is reasonable to deem that the right
3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so ordered as per Disposition.