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(영문) 수원지방법원성남지원 2017.05.16 2016가합1638
공탁금출급청구권
Text

1. On October 2, 2014, the Defendant deposited 476,762,00 won in Suwon District Court Branch No. 3302 Decided 2, 2014.

Reasons

1. Basic facts

A. The plaintiff is a clan formed by the descendants of B as a clan.

B. On July 1, 1981, the registration of ownership transfer in the name of the plaintiff was completed in accordance with the Act on Special Measures for the Registration of Transfer of Ownership on July 1, 1981 with respect to Gwangju City C (hereinafter “the land before division”).

C. On July 1, 2010, the land before subdivision was divided into KRW 10,002 square meters of land D in Gwangju City (hereinafter “instant real estate”). D.

On August 21, 2014, the Defendant rendered a ruling to expropriate the instant real estate and to pay compensation for losses to the Plaintiff. On October 2, 2014, the Defendant deposited KRW 476,762,000 for the expropriation compensation with Sungwon District Court Sung-nam Branch 2014 Deposit KRW 3302 (hereinafter “instant deposit”). In making the instant deposit, the Defendant stated the name “Ein” as the name of the recipient of the deposit.

E. On November 12, 2014, the registration of transfer of ownership in the name of the defendant was completed on the ground of expropriation on October 14, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The following facts are acknowledged in full view of the aforementioned evidence and the results of the inquiry of fact into the Gwangju market by this court.

1) However, on June 18, 2014, the Plaintiff issued a registration certificate stating the name of the Plaintiff with respect to the land before subdivision. (2) However, on the instant real estate due to the computerized transfer error, the registration of change was completed with the indication of the registered titleholder on the ground of the correction due to the computerized transfer error, and on November 17, 2014, the registration of change was completed again in the name of the Plaintiff’s clan on the ground that the error was discovered.

3) As above, on October 2, 2014, before the registration for the correction of the indication of the registered titleholder was completed again in the name of the Plaintiff clan, the Defendant deposited the instant case as the deposited money by designating the “EM”, which is the registered titleholder recorded in the register of the register, as the deposited money. 4) The Plaintiff’s rules and regulations.

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