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(영문) 춘천지방법원 2019.05.29 2016가합50979
공탁금출급청구권 확인청구의 소
Text

1. C.C. has the right to deposit money of KRW 279,254,942 deposited with the Chuncheon District Court on October 28, 2014.

Reasons

1. Presumed factual basis

A. The defendant clan is a clan consisting of the descendants of G, who are 11 years of age or older, the 7 years of age or older of Dock E.

B. On December 13, 2009, the defendant clan held a general meeting of clans and passed a resolution to manage KRW 750 million out of the proceeds from the sale of the real estate of the defendant clans by dividing it into H, I, and J.

C. At that time, K, which had been the president of the Defendant clan, entered into a deposit contract with CF on behalf of the Defendant clan on January 27, 2010, and deposited KRW 250 million in each three accounts opened by each department.

C Union on October 28, 2014, on the ground that “K, claiming the representative of the Defendant clan, is a member of the clan, and there is a clan B (I), B (H), and B (J) in the name of the religious clan, and the deposit is attempted to be made in the name of the religious clan,” the Plaintiff’s former representative (K) and the present representative (L) opened a passbook in the name of the Plaintiff clan, on the following grounds: “The Defendant clan is a member of the clan, and the Defendant’s clan is a member of the clan, and it cannot be identified who is the recipient of the deposit claim,” pursuant to Article 487 of the Civil Act, the Defendant deposited the deposited money with the Defendant or the Defendant pursuant to Article 279,254,942 (hereinafter “instant deposit money”).

(Skcheon District Court No. 2014. 2014. 【No. 1569. 【No dispute concerning the ground for recognition】 【No. 1, 2, 11, 12 of Gap (including the number number; hereinafter the same shall apply), Eul’s evidence No. 1, witness K’s testimony, and the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's argument that the defendant's clan is merely merely an election of the representative and an preparation of the articles of association for the purpose of bringing the lawsuit of this case, and there was no activity with an independent clan entity, and the defendant's clan participated in the clan affairs and decided through the general assembly of the defendant's clan

Therefore, the lawsuit of this case is unlawful because the plaintiff's clan is not a party.

(b) its own meaning of judgment 1;

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