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(영문) 대구지방법원 2018.03.29 2017가단6488
공탁금 출급청구권 확인
Text

1. On June 18, 2007, the defendant deposited by the Daegu District Court No. 4062 of 2007 as 134,718,660 won.

Reasons

1. Basic facts

A. According to the certificate of closure register of 1,058 square meters in Daegu-gu, Daegu-gu (hereinafter “instant land”), the registration of transfer of ownership in the joint name D, E, and F (hereinafter “F on the register”) was completed on January 23, 1924 with respect to the instant land before the instant land was substituted on the grounds of sale and purchase as of January 23, 1924, and the registration of transfer of ownership in the above D’s shares was completed on April 23, 1930 on the grounds of inheritance as of July 10, 1929, after the registration of transfer of ownership in the G’s name was completed on the grounds of inheritance as of January 11, 1932.

B. On June 18, 2007, the Defendant, while accepting the instant land for H development project, deposited F as the deposited person on the registry of June 18, 2007 and deposited the compensation amount of KRW 134,718,660 (hereinafter “instant compensation”) with the Daegu District Court No. 4062 in 2007, and completed the registration of transfer of ownership under the name of the Defendant on June 28, 2007 with respect to the whole shares of F on the registry of the instant land among the instant land on June 20, 207.

C. On April 5, 194, 194, the Plaintiff’s fleet I (hereinafter “WI”) died as the subordinate of J and became the heir, who is the only son.

K died on February 11, 2005, 2005, after the wife L died on April 23, 1992, and became the only son at the time, and M died on June 24, 2016, after the wife N on November 3, 2014, and became the heir of the Plaintiff, theO, and the P. The heir agreed on the division of inherited property with the purport that the claim for the payment of the instant compensation will revert to the Plaintiff on January 20, 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 7 through 15, 21, 22 (including each number), Eul 1, and the purport of the whole pleadings

2. The defendant's request for confirmation of the plaintiff's deposit withdrawal as to the defendant's defense prior to the merits.

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