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(영문) 서울중앙지방법원 2017.10.12 2016가단5150759
공탁금출금청구권확인
Text

1. On November 10, 2014, the Defendant deposited 55,870,000 won as Geumwon District Court Heading 2178 in gold 2014.

Reasons

1. Basic facts

A. On August 27, 1968, three parties, including C, E, and G, etc., located as C, Do Do Do Do Do Do Do Do Gu Gu , and Do Do Gun Gu Gu Gu Gu Gu Gu Gu , were jointly purchased from H on August 27, 1968, and the said land was changed to the single unit of J Y Do Y Y Do Y 1, January 1, 1986 due to administrative district change, and was converted into the unit of area on May 1, 2007, and was divided into the size of J 86 square meters and the area of K 906 square meters (hereinafter “instant land”).

B. L on May 31, 201, succeeded to 1/3 shares of G on the land of J prior to the said subdivision.

C. After that, the instant land is incorporated into M Highway Private Investment Project Zones implemented by the Seoul Regional Land Management Agency, and the Defendant acquired L 1/3 shares on April 23, 2014 through consultation, and accepted E and C’s shares on November 18, 2014, respectively.

On November 10, 2014, the Defendant deposited KRW 5870,000 (hereinafter “the instant deposit money”) for the instant land, which is the land to be incorporated into MM road construction upon the Central Land Expropriation Committee’s ruling on the acquisition of rights by designating the deposited person as “D E at the seat of Incheon City in its registry” as a gold 2178, the Defendant deposited the deposited person’s land at KRW 5587,00 (hereinafter “the instant land”) on the ground that the location of the deposited person cannot be known.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 5, 6, 7, and 9, and the purport of the whole pleadings

2. The parties' assertion

A. On June 28, 2014, E, who owned 1/3 of the instant land claimed by the Plaintiff, died on June 28, 2014, and E, including the Plaintiff, agreed on the division of inherited property to solely own the right to claim the payment of the instant deposit. As such, the Plaintiff is disputing the Defendant’s right to claim the payment of the instant deposit.

B. E, one-third of the instant land asserted by the Defendant, is the owner of the one-third share.

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