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(영문) 대구지방법원 2017.12.21 2017나311150
약정금
Text

1. The plaintiff's primary claim that was changed in exchange in this court and the plaintiff's preliminary claim that was added in this court.

Reasons

1. Basic facts

A. 1) N on January 19, 1939, 214 square meters (707 square meters, hereinafter “subdivided land”) prior to the Seo-gu, Daegu-gu, Daegu-gu.

(2) On December 4, 1939, P and Q have completed the registration of ownership transfer as to shares of 1/2 shares on the grounds of sale as of November 30, 1939.

3) The Daegu Metropolitan City is a 528m2, Daegu-gu, Daegu-gu, which was divided from the land prior to subdivision in the process of the “Sroad Construction (Phased 1)” project that was publicly announced as R publicly announced as R in Daegu-si (hereinafter “instant land”).

(4) On April 27, 2010, Daegu Metropolitan City deposited KRW 81,309,60 (hereinafter “instant deposit”) equivalent to the shares of Q Q 1/2 out of the compensation for the instant land as the Seo-Support 907 of the Daegu District Court in order to KRW 81,309,60 (hereinafter “instant deposit”) and KRW 81,309,60 (hereinafter “related deposit”) equivalent to the shares of P 1/2 as the Seo-Support 2010 and KRW 81,309,60 (hereinafter “related deposit”) equivalent to the shares of Q 1/2.

B. 1) On May 16, 201, X filed a lawsuit against Daegu District Court 201Da31901, Daegu District Court (Seoul District Court Decision 2011Da31901, stating that “P is its father and it is its own father, and as it solely inherited the relevant deposit, it is seeking confirmation that X has the right to claim payment of the relevant deposit.” (ii) on August 9, 2011, Daegu District Court rendered a favorable judgment in the instant case. This was finalized on August 27, 201, and X received the relevant deposit.

3) After that, X’s shares of 1/2 of the land before the division of the above P are JJ (Representative Y (Representative Y (Representative Y; hereinafter “Representative Y”) and hereinafter “instant clan”).

[3] On October 26, 1965, Defendant B, Defendant B, Defendant V, G, Defendant H, and Defendant I succeeded to the property of the deceased Q, who was the denied, as the property acquired under title trust, and the network V reverted to the instant clan.

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