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(영문) 창원지방법원마산지원 2017.09.27 2017가단2321
공탁금 출급청구권 양도
Text

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

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

Reasons

1. Basic facts

A. On December 19, 1964, Nonparty H completed the registration of initial ownership relating to 443 square meters and 324 square meters prior to J (hereinafter “each of the instant lands”). On January 21, 2014, Nonparty H completed the registration of ownership transfer on each of the instant lands on the ground of expropriation on January 20, 2014.

B. On January 5, 2014, the non-party company deposited KRW 26,008,40 as compensation for each of the instant land (hereinafter “instant deposit”) with the Changwon District Court Branch No. 67 of 2014, the deposit of KRW 26,008,40 as compensation for losses, on each of the instant land.

C. On July 27, 1981, H died of Defendant C, D, E, F, and G, who is the wife as the bereaved family member.

[Ground of recognition] Unsatisfy, Gap evidence 2 (including paper numbers), Eul evidence 1 and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s husband, who died on September 7, 1985, purchased each of the instant lands from 1970 to Y and cultivated each of the instant lands with the Plaintiff. Since around October 1998, the Plaintiff paid local taxes imposed on each of the instant lands from October 1998, the Defendants, the deceased’s heir, were obligated to express the intention of transferring the assignment of claims in accordance with the inheritance shares to the Plaintiff, who is the actual owner of each of the instant lands, and notify the Republic of Korea that he transferred the instant claims.

B. Therefore, each of the descriptions of the Doctrine and Gap evidence Nos. 1 through 4 (including paper numbers) purchased each of the instant land from the Doctrine H.

It is insufficient to recognize that the Plaintiff acquired ownership of each land of this case, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim against the defendants is without merit.

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