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(영문) 울산지방법원 2015.05.20 2014가단31201 (1)
공탁금출급청구권확인
Text

1. Between the Plaintiff and the Defendant, the Ulsan Metropolitan City deposited on May 28, 2014 by the Ulsan District Court No. 1715, 2014 52,184.

Reasons

1. Determination as to the cause of claim

A. 1) On October 15, 1996, the Plaintiff: (a) on the Defendant on October 15, 1996, the amount of 91.7 square meters (hereinafter “instant land”) out of the amount of 1,170 square meters prior to Ulsan-gu, Ulsan-gu C

(1) As to the lease deposit, KRW 10,00,00, KRW 800,000 for rent, and KRW 24 months for lease (hereinafter “the lease of this case”).

(3) The Defendant’s ground-based building of light-weight steel structure (hereinafter “instant factory”)

(2) On January 1, 1997, the Plaintiff was unable to pay the rent from January 1, 1997, among newly constructed and operated businesses. (2) The Plaintiff terminated the instant lease contract on the grounds of the Defendant’s unpaid rent, and filed a lawsuit against the Defendant with the Ulsan District Court No. 1998Da14435, Ulsan District Court No. 1998Ga3157, and filed a lawsuit seeking the transfer of the instant land and the removal of the instant factory, and confirmed as it was by winning each judgment.

3) The plaintiff and the defendant agreed to transfer the factory of this case to the plaintiff and give up the exercise of rights (hereinafter "each of this case") according to the decision of June 12, 1999 in accordance with the above sub-paragraph (b).

4) On May 20, 2013, the Defendant: (a) acquired the instant land through consultation in order to implement an urban planning facility project on May 20, 2013; (b) determined KRW 52,184,470 as business compensation for the instant factory; (c) the Defendant asserted the ownership of the instant factory; and (d) on May 28, 2014, on the ground that the genuine owner of the instant factory cannot be known, the Ulsan District Court deposited KRW 52,184,470 as the Defendant at the Fund Depository (hereinafter “the instant deposit”).

[Ground of recognition] Facts without dispute, Gap's evidence 1, 2, 3, 4, Gap's evidence 6-1, 2, Gap's evidence 7, 8, and 9, and the purport of the whole pleadings

B. Ownership of an unauthorized building without permission to determine the cause of the claim is owned by the new constructor of the building who is the original acquisitor.

(2) In the event of the transfer of an unauthorized building.

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