공탁금 출급청구권 확인
1. Deposit money deposited by the Changwon District Court No. 186, Jun. 11, 2015 by Defendant Korea as the Changwon District Court No. 1,725,471.
1. Facts of recognition;
A. C, etc. purchased D and 17 parcels, etc. on December 13, 2005, and on July 11, 2006, upon extension of a building located on the above D and 2 parcels on the ground from the smuggling market on July 11, 2006, granted a building permit to construct a 4th floor bath and souping building (hereinafter “instant building”). The building owner’s name was changed to B, and the construction of the instant building was suspended on February 2, 2009 when the building owner was changed to B, and the construction was suspended on February 2, 2009.
B. The instant building, etc. was incorporated into a river project (E zone river renovation project first section) zone implemented by the Republic of Korea, and the Central Land Tribunal, on April 23, 2015, determined the compensation amount of the instant building to be KRW 1,725,471,60, and the commencement date of expropriation as of June 16, 2015.
However, on June 11, 2015, the Defendant deposited 1,725,471,600 won (hereinafter “instant deposit”) as stated in the Disposition No. 1, on the ground that the owner of the instant building cannot be identified, as to the ownership of the instant building between C, B, etc., the Defendant deposited 7 persons, including C, B, etc. as the principal deposit.
C. F obtained enforcement title with respect to B, etc. and received an order on August 4, 2015 with respect to KRW 425,461,917, out of the claim for withdrawal of the instant deposit owned by B against the Defendant as the Busan District Court’s East Branch Branch of the Busan District Court 2015TTT7127.
F as Busan District Court Decision 2015Kadan227518, F claimed against the Defendant and G that “The right to claim payment of the instant deposit money of KRW 425,461,917 against the Defendant and G was confirmed to be F.” On February 2, 2017, F was sentenced to a judgment accepting the F’s claim on the ground that “B initially acquired the instant building.”
E. Accordingly, G appealed with Busan District Court No. 2017Na4311, but the appellate court was added to the appellate court on April 11, 2018 on the ground that “the subject of the instant claim for payment of deposit money is B, the owner of the instant building.”