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(영문) 수원지방법원안양지원 2019.04.25 2018가단10706
공탁금출금청구권확인
Text

1. The claim for withdrawal of KRW 1,467,180, which was deposited by Suwon District Court No. 9213 in September 1, 2009 at the Suwon District Court around September 1, 2009 is made.

Reasons

1. On April 1, 2003, the Plaintiff concluded a sales contract with the Defendant for the Category C building D, and entered into a contract with the Defendant for the purchase of the building C, the Plaintiff entered into a special agreement with the purchaser, to bear the charges for the school site. The Plaintiff paid KRW 1,616,500 as the charges for the school site to the Defendant.

After that, on September 1, 2009, the depositer deposited KRW 1,467,180 as Suwon District Court No. 9213 in Suwon District Court Decision 2009, 2009, on the grounds that the grounds for refund of the school site charges on the above real estate occurred, and that the refunder cannot be confirmed who is the Plaintiff and the Defendant.

However, according to the special contract under the above sales contract, it is reasonable to view that the right to claim the payment of the deposit belongs to the plaintiff.

2. Judgment without holding any pleadings: Article 208 (3) 1 of the Civil Procedure Act.

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