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(영문) 의정부지방법원 2018.04.05 2017나204996
건물 등 소유권 확인의 소
Text

1. The part of the lawsuit in this case, the exchange of which has been changed, shall be dismissed;

2.In the trial, the trial shall be held.

Reasons

1. On May 21, 2007, the court's reasoning for this part is that "the defendant prepared a lease contract of about 20,000 won per annum with about 1,00,000 won among the forest land of this case between the clan of this case and about 20,000 won. Under the above lease contract, the lessee is stated as the plaintiff's husband H, and the plaintiff is currently in custody of the above lease contract." Part 12 of the second part is used for construction of each object (hereinafter "the housing of this case, etc.") on the ground of the forest land of this case leased as above." Part 12 of the second part after the second part, "the Government of the Republic of Korea was transferred the forest of this case to the land of I road construction," and it was decided that "the Government of the Republic of Korea deposited the money of this case with the plaintiff of this case as the ground for acceptance of the deposit money of this case 68,870,750," and the plaintiff of this case was refused to receive the deposit money of this case 12.

2. Determination on this safety defense

A. The lawsuit of this case is unlawful, since there is no benefit to verify both the plaintiff's primary and conjunctive claims.

B. We examine the judgment regarding the main claim among the lawsuit of this case, and as seen earlier, the deposit of this case was deposited with the Plaintiff designating the Plaintiff as the principal deposit, and as long as the deposit of this case was deposited with the Defendant who cannot be the principal depositee, the right to claim for the withdrawal of the deposited goods of this case against the Plaintiff.

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