Text
1. As to KRW 11,671,650 deposited by the Defendant in Suwon District Court No. 858 on February 1, 2007, respectively, with respect to the Plaintiffs.
Reasons
1. Basic facts
A. On May 8, 1951, the real estate register of Kugdong-gu E 195 square meters and F 506 square meters (hereinafter “each of the instant lands”) stated that the registration of ownership transfer has been completed against “H” who has an address in Suwon-si G on the ground of the sale and purchase on March 30, 1965 as the receipt No. 7223 on March 30, 1965.
B. On February 1, 2007, the Defendant deposited KRW 11,671,650,650 as the deposited money, based on the ruling of expropriation of each of the instant land by Suwon District Court No.858 in 2007, under which H as the owner on the register was deposited as the deposited money.
(hereinafter “instant deposit”). C.
On the other hand, I, the father of the plaintiffs, died on March 25, 2013, and the plaintiffs inherited I's property in 1/4.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1, and the purport of the whole pleading
2. Judgment as to the main claim
A. The judgment of the plaintiffs as to this safety defense is the same person as H and I, the owner of each land of this case, and the father of the plaintiffs. Thus, the plaintiffs' right to claim payment of the deposit money of this case, asserting that I had the plaintiffs who are legal successors of I, and sought confirmation as stipulated in Paragraph (1) of the above Article. Accordingly, the defendant's right to claim payment of deposit money of this case has expired since the prescription period of five years, the prescription period under the Local Finance Act or the National Finance Act, or ten years, the prescription period under the Civil Act has expired since the date of the deposit of this case, the plaintiff's primary claim is unlawful as there is no benefit of confirmation.
However, in case where the extinctive prescription of a claim is completed, the person who can invoke it is limited to the person who obtains direct benefit from the result of the extinction of the claim by the extinctive prescription, and the creditor against the debtor can invoke it by subrogation of the debtor to the extent necessary to preserve his claim.