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(영문) 울산지방법원 2016.03.22 2015가단60800
공탁금출급청구권확인
Text

1. As to KRW 22,942,50 deposited by the Defendant with Ulsan District Court No. 2450 for the year 2015, June 26, 2015.

Reasons

1. Basic facts

A. The ownership relationship of the instant land is 1) The forest land B in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) is 5,320 square meters (hereinafter “instant land”).

On May 25, 1972, A, the network C, the network D, and E each 1/4 shares were transferred to F, G, H, and I on May 25, 1972. 2) The net D shares were transferred to F, G, H, and I on July 26, 1983. The network C shares were transferred to J on June 21, 2007 due to inheritance by consultation and division.

B. The Defendant’s business progress progress 1) while implementing the instant land and its whole zone (K Project) and the instant land, the Defendant continued to acquire and expropriate the instant land. (2) On November 19, 2014, the Defendant completed the registration of ownership transfer based on consultation on November 12, 2014 with respect to the shares of J among the instant land. On September 4, 2015, the registration of ownership transfer based on expropriation was completed on July 14, 2015.

C. On June 26, 2015, the Defendant deposited KRW 22,942,50 as U.S. District Court No. 2450 on the ground that the ownership transfer registration was completed for KRW 1/4 of the instant land, among the instant land, and KRW 22,942,50 was unknown (hereinafter “the instant deposit”).

2) The deposited document of this case states that “Name A” and “Ulsan-gu L” are “Name A” and “Ulsan-gu L,” respectively.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that A, the deposited entity of the instant deposit, was the Plaintiff himself/herself, and sought confirmation that the claim for payment of the deposit was the Plaintiff.

B. According to the purport of the entire statements and arguments by Gap's evidence Nos. 2, 4, and 8 (including paper numbers), the following facts can be acknowledged:

① The Plaintiff’s Trinam of T&M is N, the network N is N, the network N is O, and the networkO’s transfer is the Plaintiff.

However, the plaintiff's supplementary table is sufficient.

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