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(영문) 수원지방법원평택지원 2015.03.25 2014가합590
공탁금출급청구권확인 등
Text

1. The Defendant is the Plaintiff’s KRW 13,765,695, out of the amount deposited with No. 597 in Suwon District Court Geumwon in 2014.

Reasons

1. The following facts are deemed to have been led by the defendant pursuant to the main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act:

A. The Plaintiff, as a clan consisting of descendants of D, the 55 descendants of C, held a title trust to the network E (hereinafter “the deceased”) with respect to each of the 1/8 shares of each real estate listed in the separate sheet around 1926 (hereinafter “instant land”).

B. On July 9, 1960, the Defendants also committed the instant case’s P and QTRTSU, the wife of the deceased G, who was the wife of the deceased G, the wife of the deceased, the wife of the deceased, and its children, who was the successor to the deceased. However, a judicial compromise was conducted on January 28, 2015 between the Plaintiff and the above persons;

The IJK succeeded to the status of the deceased as the title trustee of the instant land by H and GJK, who are children of H, and MNO, who died on May 20, 1996, was also the Defendants, and the decision of recommending reconciliation was finalized on November 14, 2014 between the Plaintiff and the aforementioned persons.

The Defendant succeeded to the status of H H’s trustee on the instant land, and the deceased’s heir and his shares in inheritance are as indicated in the attached Form and the shares in inheritance.

C. On June 29, 2010, the Plaintiff filed a lawsuit against the Defendant and the deceased’s heir to file a claim for ownership transfer registration with the Suwon District Court (2010Kahap2673), and was sentenced on November 1, 2012 to the effect that “The Defendant and the deceased’s heir shall implement the procedures for ownership transfer registration on the grounds of termination of title trust on August 12, 2011 with respect to each of the inheritance shares of the instant land,” and the part regarding the Defendant in the said judgment became final and conclusive on December 22, 2012.

On the other hand, on February 6, 2014, the Korea Land and Housing Corporation accepted the instant land and deposited KRW 302,845,290 of the Land and Housing Corporation amounting to KRW 597 in Suwon District Court Geumwon as a deposit account for the deceased on February 6, 2014.

2. According to the above fact of recognition, the defendant is entitled to the plaintiff's share in the inheritance of the land of this case.

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