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(영문) 서울서부지방법원 2017.08.09 2016가합31343
공탁금출급청구권양도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. Defendant B’s clan (hereinafter “Defendant B”) consists of a clan consisting of descendants of D 12 years of age E, a clan consisting of descendants of “E” among the children of “E,” a clan consisting of descendants of “F,” and the Plaintiff, a clan consisting of H’s descendants, constitutes Defendant B’s clan.

Defendant C’s clan (hereinafter “Defendant C”) is a clan that sets up “F’s grandchildren” as “I”.

B. As to the above D D'E, F', and H's 28,364 square meters and 496 square meters of J-forest and K's forest (hereinafter collectively referred to as "each land of this case"), each registration of ownership transfer was completed on April 6, 1968 (the above J forest) and December 18, 1968 (the above K K forest) in Defendant C's clan L in the name of Defendant C, and on December 23, 1971, each registration of ownership transfer was completed on the ground of donation made on December 20, 1971 in the name of Defendant C, among Defendant C.

C. On July 1, 199, each of the instant lands was combined with J-J-based 28,860 square meters. On December 20, 2010, it was divided into 11,312 square meters of J-based land (hereinafter “instant land”) and Ma forest 17,548 square meters (hereinafter “instant land 2”). D.

On February 12, 2013, Defendant B received a decision of provisional injunction against the cancellation of ownership transfer registration on the land Nos. 1 and 2 of this case (U.S. District Court 2013Kahap48), and completed the provisional injunction registration on February 13, 2013.

E. On May 19, 2015, the Korea Land and Housing Corporation accepted the instant land No. 2 and completed the registration of transfer of ownership on June 2, 2015. As to the relevant land, the Korea Land and Housing Corporation deposited compensation for losses as shown in the separate sheet by designating the creditor as Defendant B or Defendant C, due to the relationship with which a provisional disposition of prohibition of disposal has been completed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 9, 16, 18, 19, Eul evidence Nos. 1, 2, 7, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings is defendant C.

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