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(영문) 수원지방법원 2014.11.06 2013나49821
공탁금출금권확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. A. Around July 2001, Q leased the R land from S to Sungnam-si, and installed a plastic greenhouse and residential board (hereinafter “instant obstacles”) on the ground.

B. On June 22, 2012, the Plaintiff, a project implementer, was assigned to a housing site development project for the relevant zone and took procedures for compensation for obstacles in accordance with the adjudication of expropriation by the Central Land Expropriation Committee. On July 19, 2012, the Defendant, as the project implementer, deposited KRW 61,186,660 of the compensation amount (hereinafter “the instant deposit”) with the Suwon District Court Branch of Sung-nam Branch under Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, on the ground that the recipient cannot be identified, on the ground that he/she was not aware of the legitimate recipient of the obstacles in the instant case.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, S of the first instance trial, U's testimony and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The gist of the assertion is that since the Plaintiffs purchased the obstacles of this case from Q around 2005 and acquired the ownership thereof, the Plaintiffs’ right to claim payment of the deposit money is against the Plaintiffs.

B. Therefore, we examine whether the plaintiffs purchased the obstacles of Q from the purchase of the obstacles of this case, and examine the following circumstances: Gap evidence 2, Gap evidence 7-1 to 16, and Eul witness's testimony in the first instance trial; however, although the aforementioned evidence may be acknowledged by considering the overall purport of the arguments, the following circumstances, i.e., the developments leading up to the conclusion of the sales contract between Q and Q and Q, the situation of the obstacles of this case at the time of the conclusion of the sales contract, and the amount of the sales price, etc., are inconsistent with each other; ② The plaintiffs asserted that they purchased the obstacles of this case in cash, and ② the basic conditions for sales, such as the purchase price amount and the size of the purchase

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