공탁금 출급청구권 확인
1. The plaintiff's action against the defendant is dismissed.
2. The remaining Defendants except the Defendant Republic of Korea are:
1. The portion of the claim against the Defendants other than Defendant Republic of Korea
(a) Indication of claims: Each description of the causes for claims and the changed causes of claims; and
B. Claim against the Defendants other than Defendant J, S, AR, AY, BB, BJ, and CV: Judgment by deeming confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
(c) Claim against Defendant J, S, AR, AY, BB, BJ, and CV: Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act);
2. Part of the claim against Defendant Republic of Korea
A. The gist of the Plaintiff’s assertion argues that, as long as the title trust is terminated on the land that was trusted to DB and 11, the land subject to expropriation is the legitimate right holder of deposit money, the Defendant Republic of Korea denies the fact that the land subject to expropriation is the land under title trust of the Plaintiff clan and the fact that each right to claim payment of deposit money as to the money deposited in the attached list 1 is the Plaintiff, and that the said right to claim payment of deposit money is 10 years since the statute of limitations for each of the above deposits is 10 years, the Plaintiff asserts that the above right to claim payment of deposit money against the Defendant Republic of Korea
B. Since a lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate the unstable risk when the Plaintiff’s legal status is unstable, filing a lawsuit for confirmation of confirmation is not a final solution of a dispute, and thus there is no benefit of confirmation.
(See Supreme Court Decision 2005Da60239 Decided March 9, 2006, etc.). As to the instant case, the Plaintiff exercised the right to claim against the remaining Defendants, other than the Defendant Republic of Korea, for the reason that the right to claim the transfer of ownership based on the cancellation of title trust is impossible, and the transfer of the right to claim the transfer of the right to claim the transfer of the right to claim the payment of deposit and its transfer.