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(영문) 인천지방법원 2019.03.28 2018가단19476
공탁금수령권자확인
Text

1. Korea deposited by the Incheon District Court No. 5553 on May 21, 2018 17,105,980 won, 3,334,634 won.

Reasons

1. Facts of recognition;

A. On October 25, 2010, the Selection C and D concluded a lease agreement with a deposit of KRW 35 million and a lease agreement with a term of two years from October 26, 2010 (hereinafter “instant lease agreement”).

The designated parties C shared the deposit of 20 million won, and D shared the deposit of 15 million won.

B. While the instant lease agreement was being renewed on May 6, 2012, D died on May 6, 2012, and its heir is either the Plaintiff (appointed party; hereinafter “Plaintiff”) and the Defendant, and the inheritance share is 1:1.

C. The real estate listed in the attached list was sold by voluntary auction on April 6, 2018 and delivered to E, the successful bidder.

In the dividend procedure, the lease deposit was deposited in the amount of KRW 17,105,980 from the Incheon District Court No. 5553 of 2018 with each of the designated depositors C, the plaintiff, and the defendant, and KRW 17,063,620 from the same court No. 5559 of 2018, respectively.

[Reasons for Recognition] Evidence A (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, among the lease deposit in this case, the ratio of the shares of the Selection C and the network D is 4/7 (C) and 3/7 (the network D) respectively, and the shares of the network D shall be reverted to the plaintiff A and the defendant, who is the heir of 1:1 D, the heir of 1:1. As such, the ratio of shares of the Selection C, the plaintiff A, and the defendant's lease deposit is 8/14, 3/14, 3/14, and 3/14, respectively.

B. Therefore, the percentage of the deposit amount of KRW 553,105,980 for the Incheon District Court in 2018 as well as the deposit amount of KRW 5559,17,065,454 for the year 2018 as stated below.

(A) Plaintiff (C) (Defendant (B) 2018 KRW 17,105,980 KRW 3,665,567 KRW 9,74,866 KRW 3,65,567 KRW 17,567 KRW 17,105,980 KRW 5559 KRW 5559 KRW 3,656,490 KRW 3,656,750,656,640 KRW 3,656,490 KRW 17,63,620 KRW 34,169,69,60 KRW 600 for 2018

C. Therefore, Korea’s claim for withdrawal of KRW 17,105,980, 3,665,567, deposited by the Incheon District Court No. 5553 on May 21, 2018, which was deposited by the Incheon District Court No. 5553 on May 21, 2018, to the Plaintiff, and KRW 9,74.

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