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(영문) 수원지방법원성남지원 2020.02.12 2019가단219549
공탁금 출급청구권 확인
Text

1. With respect to the Plaintiff and the Defendants, “Exemplary E facilities fume (one form)” among the attached details.

Reasons

1. Facts of recognition;

A. On September 201, E (the “instant land”) was the land owned by “FJ” before the Korea Land and Housing Corporation acquired a consultation on a public site.

B. On November 1, 2007, the Plaintiff drafted a lease agreement with G, which leases a vinyl house installed on the instant land in KRW 55 million. As a special agreement at that time, the Plaintiff determined that “the deposit shall be automatically terminated at the expiration of the contract period, and ownership of obstacles shall be transferred to the lessee.”

C. Around September 2007, the Plaintiff obtained permission from the owner of the instant land, and on September 25, 2007, the Plaintiff ordered H to perform the said construction work for the discharge of the said vinyl house, and H completed the said construction work.

On the other hand, the Korea Land and Housing Corporation deposited KRW 15,00,000 as the Defendant and the Defendants (hereinafter “instant deposit”) of Suwon District Court Branch Decision 2014, Jan. 15, 2014, and the amount of KRW 15,00,000 as compensation for expropriation of obstacles to the instant land (e.g., excellent facilities fume, fume, fume, hereinafter “instant obstacles”).

[Ground for Recognition] Defendant D: Each entry in the evidence No. 1 to No. 8, and the whole purport of the pleading, as a whole, of confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition, the obstacles of this case established on the land of this case shall be installed by the plaintiff and the facilities for which the rights are acquired. Thus, the claim for payment of deposited money of KRW 15,00,000 for the obstacles of this case deposited by the Korea Land and Housing Corporation shall belong to the plaintiff.

Furthermore, the fact that the Korea Land and Housing Corporation designated the deposited person as the Defendants in making the deposit of this case is as stated above, and Defendant B and C asserted that they installed or acquired ownership of the obstacles of this case. Thus, the Plaintiff is the Plaintiff.

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