logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.10.07 2015가단1299
채권양도청구
Text

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

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

Reasons

1. The Plaintiff’s assertion: (a) the Plaintiff’s 188 square meters and J 1927.9 square meters are originally owned by the KJ branch (hereinafter “instant clan”); (b) the said clan entrusted L with the name of the said land.

However, the above land was expropriated by the Korea Land and Housing Corporation according to the procedures for the creation of the lightging national industrial complex. On July 8, 2014, the Korea Land and Housing Corporation deposited KRW 18,126,200 for land compensation due to impossibility of receiving due to unknown L’s address.

(hereinafter referred to as “the instant money”). L recognized that the instant money ought to be reverted to the instant clan, and decided to transfer the right to the said money to the Plaintiff, who is the representative of the instant clan, but died without complying with the procedure.

Therefore, the Defendants, the inheritors of L, are obligated to transfer to the Plaintiff the right to claim payment of the instant deposit and notify the Republic of Korea of such transfer.

2. Even based on the plaintiff's assertion itself, the deposit money of this case must be reverted to the clan of this case, and it does not appear that the representative has any right to the deposit money.

Therefore, even though the clans of this case can seek the transfer of the right to deposit money as the plaintiff, the individual's assertion as the representative cannot make such a claim.

Therefore, the plaintiff's claim cannot be accepted.

There is no room to regard the Plaintiff’s assertion that “L has decided to transfer the right to pay the instant deposit to the Plaintiff, the representative of a clan for the convenience of the procedure.”

However, as above, the Corporation will do so.

Even if L and the plaintiff have no evidence to recognize the fact that the representative of the clan of this case is the plaintiff, the plaintiff's claim still remains.

arrow