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(영문) 대전지방법원 2019.11.12 2019가단107484
공탁금 출급청구권 확인
Text

1. The Defendant’s deposit with the Gwangju District Court No. 9431 in 2018 at KRW 1,856,400 out of KRW 5,56,200.

Reasons

1. Facts of recognition;

A. On November 22, 2007, the Defendant deposited KRW 5,569,620,000 for compensation for losses of 306 square meters in Yong-gun, Jeonnam-gun, Jeonnam-gun, a water resources development project (B) incorporated into the Korea Water Resources Corporation (hereinafter “instant deposit”) with the Gwangju District Court No. 9431 in 2018 on the ground that it cannot receive the said KRW 5,569,620 as compensation for losses due to unknown address of the deposited person.

B. D is declared missing on June 25, 1955, as the Jeju District Court 2017 Madan557, namely, “D’s disappearance due to the expiration of the missing period.”

“A judgment was rendered on June 22, 2018, and the said judgment was finalized on June 22, 2018. D. Around June 22, 2018, the said judgment was finalized on June 22, 2018, following the judgment: (a) the spouse F, children G, H, H, I, J, K, K, L, and M; (b) the F, along with D, was rendered a judgment with Jeju District Court Decision 2017Ra557, Jun. 22, 2018.

D Of his children, H, I, L died on November 27, 1967, and M without their respective successors on June 23, 2017.

B Among the children of D, K died on June 10, 2008 and became his spouse, children N,O, P, and Q.

On August 3, 2018, the above inheritors, including the Plaintiff, agreed on the division of inherited property to solely inherit the instant deposit money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. According to the above findings of the determination, with respect to KRW 5,569,620 of the instant deposit, G, J, K, M, H, I, and L were inherited due to D’s death, H, I, L’s death, G, J, K,K, and M were inherited due to M’s death, and as a result, G, J, and the Plaintiff inherited or inherited by representation, as a result of M’s death, the Plaintiff inherited the right to claim payment of the instant deposit amount of KRW 1,856,40 ( KRW 5,569,620 x 1/3) out of KRW 5,569,620 of the instant deposit amount of KRW 5,569,620

As such, the right to claim the payment of deposit of KRW 1,856,400 among the instant deposit is against the Plaintiff.

3. citing the Plaintiff’s claim for conclusion

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