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(영문) 전주지방법원 2015.08.26 2015가합3265
소유권이전등기
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The Defendants were deposited to the Plaintiff in the Jeonju District Court.

Reasons

1. The Plaintiff, as to the legitimacy of the part of the claim for confirmation of the right to claim payment of deposit money in the lawsuit of this case, sought confirmation against the Defendants on the grounds of the cancellation of title trust on each real estate listed in the attached Table 1’s list (hereinafter “instant land”) as stated in the attached Table 2, which is the object of the claim for payment of deposit money, and sought confirmation as to the fact that the right to claim payment of deposit money in the attached Form 2, which is the object of the instant land, belongs to the Defendants, on the premise that the right to claim payment of deposit money in the former North Korea Development Corporation deposited is against the Defendants. Accordingly,

In light of the above legal principles, the part of the claim in this case is acknowledged in cases where: (a) the specific right or legal relationship is the object of a claim for confirmation; (b) there is a benefit of confirmation as a requirement for the protection of rights; (c) there is a dispute between the parties as to the legal relationship subject to confirmation; and (d) there is apprehension in the plaintiffs’ rights or legal status, thereby, receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension risk (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2014Da218511, Dec. 11, 2014). In light of the above legal principles, the health department; and (d) in the lawsuit in this case, the part of the claim in this case, “The right to claim payment against the deposit money is confirmed against the Defendants as the depositee, and as long as there is a dispute between the Plaintiff and the Defendants as to whether the land in this case is a title trust.

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