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(영문) 부산지방법원 2016.02.17 2015가단71968
공탁출급청구권확인
Text

1. Of the 65,886,850 won deposited by the Defendant with the Busan District Court No. 1848 on March 12, 2014, the Plaintiff A 14,18.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed in the name of E (the address on the register: Busanjin-gu, Busan), which was received on June 14, 1946 from Busan District Court No. 2366, Jun. 14, 1946, as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendant, as a project implementer implementing a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, accepted the instant real estate incorporated into the said redevelopment project zone, and deposited KRW 65,886,850 for compensation for losses incurred from the expropriation of the instant real estate by stating the deposit amount as the F/M No. 1848 of the Busan District Court on March 12, 2014 as the F/M No. 1848 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, on the ground that it is impossible to receive the deposit due to the lack of issuance of the certified copy and abstract of resident registration of E.

(hereinafter “Deposit of this case”). C.

On March 21, 2014, the Defendant completed the registration of ownership transfer on the instant real estate on March 12, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The plaintiffs asserted that, since E and the plaintiffs' assistant merchants E are the same person as owners on the registry of the real estate of this case, they claim that the plaintiffs, the inheritor of E, have the right to claim the payment of the deposit of this case according to their respective inheritance shares.

In regard to this, the defendant asserts that there is no evidence to acknowledge that E and the senior merchants E are the same person, which are listed as owners on the registry of the real estate of this case, and that they cannot comply with

B. Determination 1: (a) whether the Plaintiffs E is an owner on the registry of the instant real estate; (b) was registered on the registry of the instant real estate on June 14, 1946 as the owner’s “E” and the address “B of Busan Jin-gu”; and (c) the names and addresses of the owners E on the said registry.

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