beta
(영문) 의정부지방법원고양지원 2019.11.27 2019가단90605

공탁금 출급청구권 확인

Text

1. On July 19, 2019, the period between the Plaintiff and the Defendant is 2346 heading to the Jung-gu District Court Goyang Branch in 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of land D and E (hereinafter “instant land”) in Pakistan-si, Pakistan-si (hereinafter “Cdong”), and the Defendant planted trees (hereinafter “instant obstacles”) from May 2017 to the instant land without compensation.

B. On July 2019, Pakistan sought to expropriate the obstacles of the instant case for road projects and pay compensation for expropriation. However, the Defendant filed an application for temporary injunction against disposal of claims and collection of the said claims with the Jung-gu District Court High Court Decision 2018Kadan10184 on the said claims.

C. Accordingly, on July 19, 2019, the Pacific District Court deposited KRW 18,885,460 (hereinafter “instant deposit”) as the gold 2346 in 2019.

On May 14, 2017, the Plaintiff and the Defendant drafted the following agreements (hereinafter “instant agreement”).

Section B (Defendant) does not participate in any kind of matters relating to the tree compensation of the Korea Land and Housing Corporation for trees planted on the instant land in connection with the instant road works, but agrees to transfer all the rights related thereto to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As seen earlier, the fact that the Defendant drafted the instant agreement with respect to the transfer of compensation for the obstacles of this case to the Plaintiff is as follows. As such, the right to claim for payment of deposit money for the Plaintiff, and as long as the Defendant contests the claim, the Plaintiff has a benefit to seek confirmation as to the instant lawsuit.

In regard to this, the Defendant signed the instant agreement by requesting the Plaintiff to sign the instant agreement so that the Plaintiff can receive compensation for the instant land because the instant agreement has a problem with the receipt of compensation for the instant land.