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(영문) 인천지방법원 2020.07.23 2019가단27337
공탁금출금권자확인
Text

1. The amount of KRW 95,570 deposited by the head of Gyeyang-gu Incheon District Court on August 7, 2009 by the Incheon District Court No. 5503 on August 7, 2009.

Reasons

1. Facts of recognition;

A. The Defendant received the sale of the Nam-gu Incheon Metropolitan City C Apartment D (hereinafter “instant apartment”) and paid KRW 741,600 to the school site charges (hereinafter “instant apartment charges”) around 2001.

B. On September 2002, the Defendant transferred the right to sell the instant apartment to the Plaintiff, and issued the receipt of the instant charge.

C. On March 31, 2005, the Constitutional Court ruled that the charges may be imposed on the buyers of multi-family housing in order to secure school sites in a development project area implemented under the Housing Construction Promotion Act under Article 2 subparag. 2 and Article 5(1) of the former Act on Special Cases Concerning the Acquisition of School Sites (amended by Act No. 6219 of Jan. 28, 2000) which provides that the charges for school sites may be imposed on buyers of multi-family housing shall be imposed and collected from the buyers of multi-family housing in accordance with Article 2 subparag. 2 and Article 5(1) of the same Act.

In accordance with Article 3 of the Special Act on the Refund, etc. of School Site Charges, the head of Gyeyang-gu Incheon Metropolitan City intended to refund KRW 995,570,00,000, plus KRW 253,970,00,000,000,000 for the instant apartment as to the instant apartment, but on the ground that the Plaintiff and the Defendant who applied for the refund of the instant charges could not be confirmed due to any dispute in relation to the receipt of the said refund, the deposited person was designated as the Plaintiff or the Defendant on August 7, 2009 by Incheon District Court Decision 2009Da55033, May 7, 2009

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The following circumstances can be acknowledged by the facts acknowledged prior to the determination of the cause of the claim: ① the Defendant transferred the instant apartment sales right to the Plaintiff; the Defendant also delivered the payment receipt of the instant apartment sales right to the Plaintiff at the time of the remainder; ② The amount of money borne by the seller, such as the school site charges, etc. in accordance with the transaction practices regarding the sale of apartment sales right

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