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(영문) 춘천지방법원영월지원 2015.09.02 2015가단1470

공탁금출급청구권 확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2015, the Defendant: (a) admitted some of the forest land in Pyeongtaek-gun, Gangwon-gun, which was owned by B (hereinafter “instant land”) and one container on the said ground (hereinafter “instant container”); and (b) deposited KRW 733,30 (hereinafter “instant deposit”) as 104,00,000,000,000 from 104,000,000,000,0000 won for the monthly branch of the Chuncheon District Court, on the ground that the principal cannot be identified pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

B. On December 2010, the Plaintiff entered into a State-owned property loan agreement with the loan period from January 1, 201 to December 31, 2015, with respect to the land leased in Pyeongtaek-gun, Gangwon-do, and Sejong (hereinafter “instant loan land”) and has cultivated crops on the said land until now.

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

2. The Plaintiff’s assertion has been established and used the instant container to cultivate crops in the instant leased land and store necessary goods, such as farming equipment. Therefore, the Plaintiff, the owner of the instant container, has the right to pay the instant deposit money to the Plaintiff.

3. In light of the fact that the Plaintiff did not submit any evidence to acknowledge the establishment of the instant container on the ground of the instant land, the materials submitted by the Plaintiff alone are insufficient to recognize that the Plaintiff had ownership of the instant container, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.