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(영문) 광주지방법원 순천지원 2018.04.12 2017가단3820
공탁금 출급청구권 확인
Text

1. On March 12, 2007 between the Plaintiff and the Defendant, Korea deposited as the Bank of Gwangju District Court No. 661 in 2007.

Reasons

1. Indication of claim;

A. On December 26, 1991, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 45 million (hereinafter “the instant sales contract”) with respect to the land subject to the instant transaction of KRW 110,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00

The Plaintiff received 4.5 million won as the down payment from the Defendant on the day of the contract, and the remainder was paid on February 25, 1992, but the Defendant did not pay the remainder on the said payment date, and the Plaintiff notified the Defendant of the cancellation of the contract.

B. On March 15, 2007, the Republic of Korea (the Ministry of Construction and Transportation) accepted 110m2, F. F. 60m2, and H. 77m2 (hereinafter “land subject to the instant expropriation”). On March 12, 2007, the Plaintiff or the Defendant deposited KRW 18,907,00 for the land subject to the instant purchase on the ground of the relative uncertainty (the Plaintiff or the Defendant) on the ground of deposit.

C. The instant sales contract was rescinded due to the Defendant’s failure to pay the remainder, or the Defendant did not exercise its right to claim ownership transfer registration under the said sales contract for ten years, and the said right has expired by prescription.

Therefore, this paper seeks to confirm that the right to pay the above deposit deposited by the Republic of Korea is the plaintiff.

2. Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (a judgment of confession, and the defendant, despite being served with the complaint of this case, submitted only a formal reply demanding dismissal of the plaintiff without stating any substantial grounds for disputing the plaintiff's claim, and does not appear at all on the date of pleading open over two times, and thus, all the plaintiff's allegations were led to confessions in accordance with Article 150(3) of the Civil Procedure Act).

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