공탁금 출급청구권 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff initially filed a lawsuit seeking confirmation that the claims for payment of the deposit stated in the purport of the claim are the plaintiff with co-defendant D, the Republic of Korea, and the defendant (Syang city) as co-defendant. In this case, co-defendant D and the Republic of Korea are confirmed in this case, and a decision is rendered only for the defendant (Syang city) who raised an objection against the decision of recommending the settlement
1. Facts of recognition;
A. On August 2003, the registration of ownership transfer was made for sale in the name of the Plaintiff on the land and buildings E and its ground (the combination of the land and buildings; hereinafter “instant real estate”), and on March 8, 2004, the registration of ownership transfer was made for sale in the name of F (D’s father) with respect to one half of them.
In addition, between the Plaintiff and F, a contract was concluded between the Plaintiff and F, which operates the Gaba in the instant real estate as a partnership.
B. After that, on April 2012, the Plaintiff and F, the co-owners of the instant real estate, sold the real estate in KRW 1.35 million to C. On May 2012, a sales contract was concluded that the ownership transfer registration based on the said sale was made in the name of C with respect to the entire shares of all co-owners.
C. On June 2012, C completed the registration of the ownership transfer of the instant right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate on the basis of the joint mortgagee D and the Plaintiff, the joint mortgagee registered the establishment of a mortgage over KRW 250 million with the maximum debt amount (hereinafter “instant right to collateral security”).
The remainder of the purchase price that C did not pay after the instant agreement remains at KRW 1.5 million, and on March 26, 2013, D, as an agent of F, the Plaintiff, and on March 26, 2013, each of the agreements, stating that “1,00 won out of the bonds of KRW 1.5 million with respect to Buyer G, shall be paid to G buyer, and the balance of KRW 1.40 million shall be transferred to the Plaintiff as of March 26, 2013.”