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(영문) 대구지방법원포항지원 2019.12.19 2019가단102688
공탁금 출급청구권 확인
Text

1. The Defendants shall claim against the Plaintiff the payment of each deposit and interest indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On April 1, 1987, P Q Q completed the registration of ownership transfer based on the sale on March 31, 1987, with respect to 1/2 shares of each of the 2,439 square meters in North-gu R 2, North-gu R 1,439 square meters, respectively.

B) On September 23, 1996, the Plaintiff received a provisional disposition of prohibiting the disposal of shares in the name of P among the above real estate (Tgu District Court Decision 96Kahap976), and on September 25, 1996, the entry registration was completed on September 22, 2016, the Plaintiff received a provisional disposition of prohibiting the disposal of shares in the name of P as the preserved right with respect to Q’s shares in the above real estate as “the right to claim for ownership transfer registration due to the cancellation of title trust” as the preserved right (Tgu District Court Branch Branch Decision 2016Kadan835), and the entry registration was completed on the same day.

2) On May 2, 2007, the STU, the heir of P, completed the registration of transfer on November 20, 1997 with respect to each one-six portion of the above real estate on the grounds of inheritance.

B) U on December 4, 2015; on November 7, 2017, India completed the registration of transfer on the ground of donation with respect to each of the respective shares (1/6) of the said real estate to V, who is the representative of each Plaintiff, on the ground of the foregoing real estate, on the part of the Defendant MNO, who is the inheritor of S.C. (C) on April 8, 2019, upon the application of the subrogation of W Co., Ltd. (hereinafter “Nonindicted Company”) on the part of the Defendant MNO, the registration of transfer was completed on January 21, 2009.

3) As to each portion of the above real estate’s share in Q Q Q’s heir, Defendant B CDFGHJ, the co-inheritors, the registration of transfer was completed on April 8, 2019 upon a non-party company’s application for subrogation on April 25, 2002 with respect to each portion of 1/44 of the above real estate, and on July 19, 2018, the registration of transfer was completed on July 4, 2018 with respect to the shares in the name of the non-party company in Q. The registration of transfer was completed on July 4, 2018 for the acquisition of public land on July 4, 2018. On April 8, 2019, the Defendants’ share in the above real estate was accepted on the same day.

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