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(영문) 인천지방법원 2015.04.21 2014가단39854
공탁금출급청구권확인
Text

1. On August 20, 2009, Seo-gu Incheon Metropolitan City deposited by the Incheon District Court No. 5953 on August 20, 2009 1,478,010 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In full view of the purport of the argument in Gap evidence No. 1 and Eul evidence No. 2, the plaintiff paid KRW 1,143,200 to Seo-gu Incheon Metropolitan City on December 30, 2002, the plaintiff paid KRW 1,143,200 of the school site charges for C Apartment 102, 1304 (hereinafter "the apartment of this case"), and ② on May 4, 2004, the plaintiff and the defendant (hereinafter "the plaintiff") for the apartment of this case with the defendant on May 4, 2004, the purchase price of KRW 23,20,000 (the construction contract deposit amount of KRW 17,200,000,000,000). The loan concluded a sales contract with the purport that the defendant will succeed, and the Seo-gu Incheon Metropolitan City issued a receipt of the school site charges issued by the head of Seo-gu Incheon Metropolitan City to the defendant on the refund of the school of this case.

2. According to the above facts of determination, the Plaintiff appears to have received the school site charges from the Defendant while selling the apartment of this case to the Defendant and issued the receipt to the Defendant. Therefore, it is reasonable to deem that the right to claim a payment of the refund for the school site charges deposited by Seo-gu Incheon Metropolitan City exists

3. Therefore, the plaintiff's main claim is dismissed, and the defendant's counterclaim is accepted, and it is so decided as per Disposition.

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