1. The 1,247,450 won deposited by the Changwon District Court deposit officials of the Changwon District Court on May 18, 2009.

1. Basic facts

A. On April 17, 2003, the Defendant first sold the 406-dong 305 apartment house in Yong-si, Kimhae-si (hereinafter “the apartment of this case”).

B. On June 18, 2003, the defendant paid KRW 983,200 to the school site charges on the apartment of this case in the name of the defendant Kimhae-si.

C. On October 23, 2004, the Plaintiff acquired the status of the buyer of the instant apartment from the Defendant, and paid the purchase price to the Defendant, and received a receipt of the charge for the said school site from the Defendant in the process.

On November 2, 2004, the Plaintiff completed the registration of ownership transfer on the apartment of this case.

On April 18, 2009, Kimhae-si decided to adjust the refund of school site charges. On May 18, 2009, Kimhae-si deposited KRW 1,247,450 as the total sum of the principal and interest of the school site charges to be refunded to the Plaintiff or the Plaintiff as the result of holding and coordinating the refund coordination committee upon applying for refund of the same goods, and deposited KRW 1,247,450 as the Changwon District Court in 2348 in order to deposit KRW 1,247,450 in the sum of the principal and interest of the school site charges to be refunded to the Plaintiff or the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff purchased the right to sell the apartment of this case. Since the plaintiff acquired all the rights and obligations related to the right to sell the apartment of this case including the right to the charges for school site, the claimant of the right to claim the payment of the deposit is the plaintiff and seek confirmation thereof.

In this regard, the defendant can transfer the right to claim the refund of charges under the School Site Refund Act from September 15, 2008, the enforcement date of the above Act, and on October 23, 2004, the above right to claim the refund does not exist.