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(영문) 서울중앙지방법원 2015.03.03 2014가단159412
공탁금출급청구권확인
Text

1. The deposit money for KRW 1,016,730, which was deposited by the Seoul Central District Court No. 18707 on October 27, 2009 at the Sungsung market on October 27, 2009.

Reasons

1. According to Article 2 of the Special Act on the Refund, etc. of Charges for School Sites, the Plaintiff, as indicated in the claim, was obligated to purchase the B apartment 102 Dong 1402 and pay the charges for school sites. Defendant New Housing Industry Development Co., Ltd., claiming that the said charges were actually paid. The Plaintiff sought to refund the total of KRW 757,120 and KRW 1,016,730 of the charges for school sites paid and KRW 259,610 for additional dues pursuant to Article 2 of the Special Act on the Refund, etc. of Charges for School Sites, but the Plaintiff and the Defendant deposited the said charges as the principal deposit in disputes over the right to refund of charges between the Plaintiff and the Defendant.

Accordingly, the Plaintiff filed a lawsuit to confirm that the person entitled to claim the withdrawal of the instant deposit is the Plaintiff, as the Plaintiff paid the school site charges that Defendant New Housing Industry Development Co., Ltd. paid on behalf of Defendant New Zealand to Defendant New Housing Industry Development Co., Ltd.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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