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(영문) 광주지방법원 2020.11.24 2020가단528580
공탁금 출급청구권 확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On the land cadastre of 83 square meters in Gwangju Northern-gu (hereinafter “C land before subdivision”), the “D” on April 15, 1915 is indicated as the owner in receipt of assessment.

B. On April 20, 2018, the land before subdivision was divided into six square meters of G miscellaneous land in Gwangjubuk-gu (hereinafter “instant one land”) and seven-seven square meters of Gwangju Northern-gu C miscellaneous land (hereinafter “instant two land”).

C. The Defendant: (a) as Gwangju District Court 2017Gahap52431, the instant land owner was sentenced to a favorable judgment by public notice that the Defendant rendered a favorable judgment against the Defendant on August 24, 2018, stating that “D shall pay KRW 9,240,000 from the Defendant and shall implement the procedure for the registration of ownership transfer based on the claim for sale as of July 11, 2018,” and the said judgment became final and conclusive on September 12, 2018.

In order to complete the registration of ownership transfer with respect to the instant land 1, the Defendant was sentenced to the judgment of the Gwangju District Court 2017Gahap52431 and deposited KRW 9,240,00 (hereinafter “the instant deposit”) with the Gwangju District Court 2018Ra6024, Nov. 2, 2018 by filing a lawsuit against the Republic of Korea for confirmation of ownership on Nov. 2, 2018 and filed a lawsuit for confirmation of ownership on Mar. 19, 2019, “The instant land 1 is confirmed to be owned by the Seoul Northern-gu EF (name on the F, removed copies, name H in the Gwangju District Court 2017Gahap52431, Gwangju District Court 4 April 4, 2019”, and the said judgment became final and conclusive on Mar. 19, 201.

E. On July 9, 2019, the Plaintiff filed a lawsuit with the Gwangju District Court 2019Kadan14290 against the F (the Last-gu, Gwangju) seeking the implementation of the procedures for the registration of ownership transfer with respect to the land of this case 2, and the “F” on December 20, 2019 is the land of this case 2.

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