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(영문) 부산지방법원 서부지원 2018.06.20 2017가단9594
공탁금출급청구권 확인의 소
Text

1. As to KRW 315,589,150, which the Defendant deposited with the Busan District Court Branch No. 234 for the year 2017, March 31, 2017.

Reasons

1. Basic facts

A. On March 31, 2017, the Defendant deposited KRW 315,589,150 (hereinafter “instant deposit”) with the Busan District Court Seo-gu Branch of Busan District Court for the reasons that the Defendant could not be aware of the inmate, on the ground that he/she was running a kind of water business on a day-to-day premises of Gangseo-gu Busan District Court (hereinafter “instant land”) and deposited KRW 315,589,150 (hereinafter “instant deposit”).

B. On the registry, the owner of the instant land is indicated E, the address is indicated as F in the Northern-gu, Busan, and the instant land is divided by F.

C. On November 19, 1958, the father G of the Plaintiff (Appointed Party) died in H on November 19, 1958. At the time, there was an I, J, the Plaintiff (Appointed Party), K, L, M, and N as lineal descendants.

double I, J, Plaintiff (Appointed Party), and K are children born between G and C, and L, M, and N, after the O died on October 15, 1951, G and their spouse were born between G and P on April 25, 1952.

I returned to the court on September 2, 1958, before the death of the deceased, on September 22, 1958, and K died on March 3, 2014, and jointly succeeded to the property by the designated parties B and his/her father, the spouse of the deceased.

E. Regarding the Busan Gangseo-gu Q ground housing and warehouse adjacent to the land of this case, registration of preservation of ownership was completed in accordance with the inheritance ratio in the name of the spouse and children of the deceased JJ's spouse and children. At present, the Plaintiff (Appointed Party) is cultivating the land of this case while residing in the above house.

The above Q Q land, which is the site of the above house and warehouse, is also divided from the above F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. Determination as to the plaintiff (appointed party)'s assertion

A. E indicated in the name of the owner on the registry of the land in this case is the same as G as the network of the Plaintiff (Appointed Party).

Therefore, the right to claim the payment of the instant deposit shall be J. excluding I, who is a lineal descendant at the time of the G’s death.

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