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(영문) 전주지방법원 2019.02.01 2018나4867
공탁금출급청구권확인
Text

1. All of the plaintiff's claims changed in the trial are dismissed.

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

Reasons

At the first instance court, the Plaintiff sought payment of KRW 30,00,072 deposited by the aforementioned court as the principal deposit in the deposit case No. 514, 2016, from the Jeonju District Court’s Jung-Eup, the Plaintiff sought that the heir transfer the right to claim payment of KRW 30,000,072 deposited by the said court as the principal deposit in the network E, to the Plaintiff. However, in the first instance court, the Plaintiff amended the purport of the claim that the Defendants seek payment of the deposited money deposited to the Defendants in accordance with their respective shares of shares, on the ground that the Defendants paid the deposited money on May 21, 2018. However, the cause of the claim

The main issue of the instant case is “whether the F would have been able to receive surplus funds in the instant distribution procedure if the instant deposit would not have been distributed to the network E,” and the conclusion of the instant court is the same as the first instance judgment, because it did not have the possibility of paying surplus funds to the network E even if the amount of KRW 30 million was not distributed to the network E.

The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance, and thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

Therefore, the plaintiff's claim changed in the trial court is dismissed as it is without merit, and it is so decided as per Disposition.

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