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(영문) 대전고등법원 2016.01.21 2015나10910
공탁금출급확인청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts amended or additionally determined under paragraph (2) below, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be modified or additionally determined;

A. The part of the first instance judgment Nos. 5, 20, 20, 6, 100, 500, 500, 200, 500, 6,000

Since the Plaintiff terminated the title trust of this case to the trustee or his heir prior to the Defendant’s expropriation of the instant land, and did not restore the title of the registration thereof, even if the Plaintiff, upon the Defendant’s acceptance, declared that the title trust relationship with respect to the instant land was terminated, then the right to claim the payment of deposit money for each of the instant deposits belongs to the Plaintiff externally.

【】

B. On the 6th page of the judgment of the court of first instance, the following portion of “A” shall be added.

The Plaintiff asserts that, in order to preserve the right to claim the transfer of unjust enrichment against each heir of the title trustee or his heir, who is the deposit of this case, the Plaintiff may seek confirmation of the Plaintiff’s right to claim the payment of deposit money against the Defendant by subrogation of the said title trustee or his heir. However, the clan, who is the title truster, may request the State to pay the deposit money upon receiving a judgment that “if the title truster or his heir claims the transfer of the right to claim the payment of deposit money and if he fails to transfer it or transfer it voluntarily, he would express his intention to transfer it and notify it to the State, which is the debtor” (see, e.g., Article 2-85 of the deposit money). Therefore, the Plaintiff’s subrogation of the title trustee or his heir of the land of this case.

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