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(영문) 수원지방법원성남지원 2015.11.11 2015가합203772
공탁금출급청구권양도 청구의 소
Text

1. The plaintiff, the defendant B, and C shall be entitled to the payment of deposit money listed in the attached Table 1, and the defendant D shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that consists of his descendants by making K as a joint ancestor of J as its descendants.

B. The Plaintiff registered the title of L and M with L and 1,772 square meters (hereinafter “the instant land 1”) and 1,382 square meters (hereinafter “the instant land”). The Plaintiff held the title of land No. 1 and the instant land No. 2 together with land No. 2; L, M completed the registration of the title transfer with respect to the instant land No. 1 on January 24, 1968, and completed the registration of the title transfer with respect to the instant land No. 2 as joint ownership on the same day.

C. 1) L died on August 4, 1997. The heir died on January 18, 2003, and there was Defendant D and Q. The heir died on January 18, 2003, and his heir had R, Defendant E, Defendant F, and Defendant G, a child. The heir died on July 15, 2003, and the heir died on August 18, 2001, and Defendant I, a wife H and his child. 2) M died on August 18, 2001, and the heir was the wife, Defendant C, a wife, and Defendant C, a child.

On October 15, 2007, the Plaintiff filed a lawsuit against the Defendants, a heir of L and M, seeking the implementation of the procedure for the registration of transfer of ownership based on the termination of title trust with the Seoul Central District Court 2007Gahap88915, and received the judgment in favor of the Plaintiff on December 5, 2008. The above judgment became final and conclusive around that time.

E. Notwithstanding the above final judgment, while the Korea Land and Housing Corporation had not completed the registration of transfer of ownership with respect to each of the instant land, the Plaintiff commenced the procedure of expropriation with respect to each of the instant land. The Plaintiff filed an application against the Defendants for the prohibition of debt collection and disposal with respect to the claims for expropriation compensation with respect to the Korea Land and Housing Corporation by the Defendants under the Sungwon District Court 2014Kadan50245, Sungwon District Court Branch, Sungnam-gu, 2014.

F. Accordingly, the Korea Land and Housing Corporation: (a) around May 13, 2015, the deposited person is “the Plaintiff or the Defendants.”

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