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(영문) 광주지방법원 2018.10.05 2018가단7066
공탁금 출급청구권 확인
Text

1. The deposit money deposited by the Defendant with the Gwangju District Court No. 6187, Sept. 29, 2017 as the depositee B on September 29, 2017 6,347.

Reasons

1. Basic facts

A. On September 29, 2017, the Defendant Company deposited KRW 6,347,600 with the Gwangju District Court No. 6187, No. 6187, 201, taking into consideration each of the 13 square meters and 46 square meters of roads D in Gwangju Mine-gu, Gwangju, which is owned by the Dong B (U.S.) and deposited KRW 6,347,600 as a deposit.

B. Meanwhile, on October 30, 1955, the Plaintiff’s prior domicile was set up in Jeonnam Mining Group C (which was changed to Gwangju Mining District G due to the administrative district change on January 1, 198), and the Plaintiff’s prior domicile was deceased on October 30, 1955.

The head of South and North I died on April 7, 1919 without an unmarried heir, and the head of South and North K left Korea and succeeded to all Australia and property after the death of the deceased JJ.

C. The deceased J married with the deceased L and died on March 30, 191 with Plaintiff M, the deceased (Plaintiff A, Plaintiff A, P, and Q, who is the spouse, and died on October 25, 2010), Plaintiff R, the network S (Death on March 20, 1962 without the heir), Plaintiff T, U, V, and W.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 18 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, it is reasonable to view that the net B, the depositee of the instant deposit, is the same as the Plaintiff’s net F, and the Plaintiff (Appointed Party) and the designated parties are co-inheritors who inherited and inherited the network F’s property on behalf of the Plaintiff. As such, the right to claim the return of the instant deposit is against the Plaintiff (Appointed Party) and the designated parties by inheritance shares in the attached Form.

On the other hand, if the depositor cannot examine whether the applicant for withdrawal is the true heir only with the family relation certificate, the document attached to the transcript, etc., the request for withdrawal of deposited goods shall not be accepted.

In such a case, it is reasonable to seek confirmation of the right to claim the deposit is the most effective and appropriate means to determine the substantive relationship of the true heir.

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