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(영문) 대전지방법원 서산지원 2018.11.27 2018가단55789
공탁금 출급청구권 확인
Text

1. On May 26, 2017, the Defendant deposited 85,120,200 won by the Seosan Branch of the Daejeon District Court of Law No. 461 in 2017, which was 22,482.

Reasons

In full view of the facts stated in Gap evidence 1 and 2 and the purport of the whole pleadings, as to the land substitution liquidation money of each real estate stated in the separate sheet 2, 4 attached to the above project site on May 15, 2017, 85,120,200 won was deposited by the deposited person as the F, the title holder of the above real estate, and on the ground that it cannot be identified, the deposited amount of KRW 85,120,200 (hereinafter the above deposited amount of KRW 85,120,200) to the Daejeon District Court Seosan Branch 461, 2017 (hereinafter "the deposited amount of KRW 85,120,200), G donated each real estate listed in the separate sheet to H, and H again donated each of the above real estate to G, and it remains 305,120,120,200 of the remaining shares of each of the plaintiffs' respective inheritance claims against the F and H 2,305,79,205,749,75,209,7

Therefore, it is reasonable to view that KRW 22,482,074 of the instant deposit amount as KRW 3,904,532,775/14,783,093, and KRW 325 of the instant deposit amount constituted the Plaintiff’s claim for payment of KRW 14,988,04 for the remainder of the Plaintiffs, respectively, and KRW 2,603,021,021,850/14,783,093, and KRW 325 of the instant deposit amount. The instant lawsuit seeking confirmation of the claim for payment of deposit money is an effective and appropriate means to resolve legal disputes surrounding the so-called deposit payment of deposit money, and thus, there is a benefit in confirmation.

In conclusion, it is decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims are with merit.

Costs of lawsuit shall be determined by the relevant municipal ordinances.

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