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(영문) 수원지방법원평택지원 2015.03.25 2014가합637
공탁금출급청구권 확인 등
Text

1. The Plaintiff: (a) the money deposited with No. 594 in Suwon District Court Geumwon in 2014; and (b) Defendant B shall be KRW 2,145,303.

Reasons

1. In full view of the following facts, the following facts are acknowledged in light of Gap evidence No. 1-1-3, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and Gap evidence No. 6-1 through 10:

A. The plaintiff is a clan consisting of 55 descendants of J, K, its descendants.

B. On May 24, 1928, the Suwon District Court: (a) filed for the registration of ownership transfer in the name of the deceased L (hereinafter “the deceased”) as the receipt No. 2556 on May 24, 1928 with respect to each one-eight share of each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. After that, the Deceased died, and the instant real estate inherited 6/847 shares by Defendant B, Defendant D, and F, each of whom was 4/847 shares, Defendant H’s 2/121 shares, and Defendant I inherited 4/44 shares.

On June 29, 2010, the Plaintiff filed a claim for ownership transfer registration based on the cancellation of title trust with the Plaintiff, the heir, including the Defendants, who succeeded to the title trust relationship, against the Plaintiff, who was the title truster, and filed a claim for ownership transfer registration on November 1, 2012 from the above support to the effect that “The Defendant and the heir of the deceased shall implement the ownership transfer registration procedure based on the termination of title trust on August 12, 2011 with respect to each of the inheritance shares of the instant real estate.” The above judgment became final and conclusive at that time.

E. Meanwhile, on February 6, 2014, the Korea Land and Housing Corporation accepted the instant real estate and deposited KRW 302,845,290 of the Land and Housing Fund’s expropriation compensation amount as KRW 594, which was KRW 2014, a deposit account with the Deceased as the principal deposit.

(hereinafter “instant deposit”). 2. Determination

A. According to the above basic facts in determining Defendant B, D, F, and I’s claims, Defendant B, D, F, and I’s termination of the title trust agreement on the instant real estate.

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