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(영문) 부산지방법원 서부지원 2018.02.09 2017가단109494
공탁금 출급청구권 확인
Text

1. On June 7, 2017, the Defendant deposited 36,684,90 won with the Busan District Court Seo-gu No. 803 in 2017.

Reasons

1. Determination on the cause of the claim

A. Basic facts 1) The Defendant is Busan Gangseo-gu, Busan (hereinafter “instant land”).

(2) On June 7, 2017, the Defendant deposited KRW 36,684,90,90 (hereinafter “the deposit money of this case”) with the Busan District Court Branch 803 was deposited on April 13, 2017, with the compensation of KRW 36,684,90, and the date of expropriation as of July 4, 2017.

3) The Plaintiff filed a claim for the withdrawal of deposit money with Busan District Court, but the depository rejected the withdrawal on the ground that the address of the owner on the registry is inconsistent with the address of the Plaintiff and the owner’s resident registration number is not also stated in the registry. [The fact that there is no dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1 and 2, and the purport of the whole pleadings.

B. As to the Plaintiff’s assertion that the Plaintiff is the owner of the instant land, and thus, the Plaintiff’s claim for payment of the instant deposit is against the Plaintiff, the following circumstances can be acknowledged by comprehensively taking account of the overall purport of the pleadings as to the Plaintiff’s assertion, i.e., the Plaintiff is indicated as the owner of the instant land on the land cadastre from June 30, 1976, and the Plaintiff’s address on the land cadastre is identical to that on the registry of “A” entered as the owner on the registry of the instant land, and ② the Plaintiff is deemed the same owner on the registry of the instant land and the Plaintiff on the registry of the instant land from June 30, 1976, since the Plaintiff continued to pay the property tax on the instant land from June 30, 1976 to the same person.

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