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(영문) 대전지방법원 2017.09.28 2017가합100394
공탁금 출급청구권 확인
Text

1. As to the deposit money entered in the separate sheet of deposit money, the defendant shall enter the plaintiffs in the separate sheet form.

Reasons

In fact, the premise is that “F, address: Jung-gu G” is indicated as the owner, and “F (F) and address: Daejeon-gu G” is indicated as the ownership in the register of a 1,326m2 (hereinafter “instant land”) of Seo-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, and the land cadastre of the Gu is indicated as the owner.

On March 16, 2011, the Defendant deposited KRW 230,39,400 on the deposit basis of “F, address: Daejeon Jung-gu G”, the owner on the registry, as the owner on the registry.

The plaintiffs' prior domicile "H and permanent address" died on August 6, 1951, and the inheritance relationship is as shown in the list of shares of inheritance calculated in attached Form.

[Grounds for recognition] In full view of the following circumstances acknowledged by Gap's non-contentious facts, Gap's evidence Nos. 1 through 4, 10, Eul's evidence Nos. 1 through 3 (including provisional numbers, hereinafter the same shall apply), the whole purport of the pleadings, the whole purport of the arguments, the above facts of recognition, the evidence mentioned above, Gap's evidence Nos. 5, 7 through 9, 11 through 14, and Eul's evidence Nos. 4 through 7, it is reasonable to view "F (F)" as the owner on the register of the land of this case and "H" as the same person.

Therefore, since deposit money of this case 230,39,400 won should be reverted to the plaintiffs according to their inheritance shares, the right to withdrawal of each amount stated in the table column of the attached Table which is calculated according to the inheritance shares (to be discarded to Plaintiff J, A, B, and C, and to the rest of the plaintiffs) is against the plaintiffs, and as long as the defendant contests this, there is a benefit to seek confirmation.

(A) Of the claims filed by Plaintiff A, B, and C, the part exceeding the above scope of recognition is rejected. The owner stated “F (F) and address: Daejeon M/Dong” in the book for forest land management of the Dong-gu Daejeon-gun, Daejeon-gun, Daejeon-gun L. However, on January 12, 1971, the entry of the Plaintiffs into “H and address: Daejeon-gun, Daejeon-gun, and N, a successor, etc., around March 9, 1971.

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