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(영문) 대전지방법원 2018.09.12 2018가합545
공탁금 출급청구권 확인
Text

1. The Defendant’s claim for withdrawal of KRW 293,167,350 deposited by the Busan District Court Department No. 314 in 2018.

Reasons

1. Basic facts

A. The Plaintiff and the deceased on July 1, 1963 (C; hereinafter “the deceased”) are legally married couple who reported marriage as of November 14, 1952.

B. On September 10, 1950, the deceased had the parcel number changed as of September 10, 1979 from M land (hereinafter “M land”) as of September 10, 1979, from the land of Gangseo-gu Busan Metropolitan City D (hereinafter “D land”) and E, 193 square meters (hereinafter “E land,” and as of September 10, 197, from the E land.

the housing was built.

(hereinafter “instant housing”). C.

The sales contract (No. 6-1) on the instant land was drafted on January 31, 1957. The sales contract was written on January 31, 1957. The above sales contract was written on the buyer’s name, “F,” which is the last letter of “F,” is not clear whether the buyer is “H” or “I” (hereinafter “instant sales contract”), written request (Evidence No. 6-2), and receipt (Evidence No. 6-3) made in relation to the above sales contract, the buyer’s name is indicated as “J”.

On April 6, 1978, the transfer registration of ownership in the name of F (J, Address: K) on the land in this case was completed on June 29, 2018 (the cause of registration: D land: January 31, 1957; January 31, 1978; hereinafter "E land transfer registration") and June 29, 2018.

(Reasons for Registration: Expropriation on February 28, 2018). (e)

On February 26, 2018, the Defendant deposited KRW 293,167,350 of the compensation for the instant land with “B (the address on the registry: Busan Northern-gu KK)” as the depositee.

(C) Around July 19, 2016, the heir of the deceased, including the Plaintiff, made an agreement on the division of inherited property with the purport that the land in this case is owned by the Plaintiff.

[Ground of recognition] There is no dispute.

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