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1. Of the KRW 179,004,00 deposited by the Defendant with the Suwon District Court Branch No. 378 in April 10, 2012, 61,05.
Reasons
1. Basic facts
A. D, on December 12, 200, under the qualification of the occupation right holder with respect to approximately 43,000 square meters of river site E in the Gyeonggi-gun E (hereinafter “instant land”), transferred the occupation right of KRW 13,000,000 out of the said land to F (the Intervenor C’s birth) and agreed to lease KRW 130,000,000 to KRW 18,000,000, and the remaining 30,000,000 won for five years.
B. Based on the above arrangement, F had the Intervenor B construct 10 greenhouses only 250 dongs on the ground of the instant land (hereinafter “the instant vinyl complex”) and each of the above complexes was completed around August 2001, F cultivated crops in the instant vinyl complex from around that time.
C. The Intervenor entered into a contract between F and F on October 5, 2001, under which the Plaintiff would be entitled to a transfer of both the instant vinyl complex and farming crops in lieu of the payment of the construction cost of KRW 750 million. However, the Intervenor continued to use the vinyl complex, but was still not entitled to a payment of the construction cost.
Accordingly, the Intervenor filed a lawsuit against F to deliver the whole of the instant plastic houses under the Seoul District Court’s 2002Gahap7296, which was the Seoul District Court’s 202Ga7296, and the recognition and acceptance of the said claim was completed on January 21, 2003.
(hereinafter “this case’s recognition”). E.
After November 19, 2003, the Intervenor B sold the entire vinyl complex of this case to the Intervenor C, G, H, and I (hereinafter “ Intervenor C, et al.”) on November 19, 2003, with a deposit of KRW 850 million, KRW 130 million on the date of the contract, and KRW 720 million on September 30, 2004, the remainder of KRW 720 million on the date of the contract, and KRW 60 million on September 30, 200 on a three-month basis, and if the purchase price is not paid more than two occasions, the Intervenor’s right to the subject matter is vested in the seller.