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(영문) 수원지방법원성남지원 2020.02.12 2019가단214858
공탁금 출급청구권 확인
Text

1. As to the Plaintiff and Defendant D’s organization, “E Exemplary Facilities fume (one form)” among the attached details.

Reasons

1. Claim against Defendant D’s organization

A. Of the attached specifications to the indication of the claim, the E excellent E facilities fume [1] (hereinafter “instant obstacles”) at the Plaintiff’s expense is an obstacle to the Plaintiff’s ownership established by F.

Therefore, on January 15, 2014, the Korea Land and Housing Corporation deposited KRW 15,00,000 (hereinafter “instant deposit”) deposited by the Sungwon District Court Branch Branch No. 291 in gold 2014 (hereinafter “the instant deposit”) with the Plaintiff, and there is a benefit to seek confirmation thereof.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment to recommend confession

2. Claim against Defendant B and C

A. The gist of the Plaintiff’s assertion is that the Plaintiff owned the instant obstacles, and thus, the right to claim the payment of the instant deposit is the Plaintiff, and there is a benefit to seek confirmation thereon.

B. According to the statements in Gap evidence Nos. 1 through 3 (including branch numbers), it is deemed that the obstacles installed by F on the land owned by the plaintiff Hanam-si G and H (hereinafter all lot numbers before closure; hereinafter the same shall apply) are owned by the plaintiff, but it is not sufficient to recognize the obstacles installed in Eul as owned by the plaintiff , and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit without further review.

3. In conclusion, the plaintiff's claim against the defendant D organization is justified, and each claim against the defendant B and C is dismissed as it is without merit. It is so decided as per Disposition.

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