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(영문) 대전지방법원 2016.10.19 2016가합103426
공탁금출급청구권양도의사표시등
Text

1. The part to confirm the claim for payment of deposit money in the lawsuit of this case shall be dismissed.

2. The Defendants are to the Plaintiff:

A. Attached Form ..

Reasons

1. Claim for transfer of the right to claim deposit money;

(a)be as shown in the annexed sheet of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Requesting confirmation of claim for payment of deposit money;

A. Where real estate subject to the obligation to transfer ownership is expropriated and the obligation to transfer ownership becomes impossible, the applicant for registration may seek the return of the compensation paid to the person liable for registration by exercising the right to claim the compensation, or seek the transfer of the right to claim the compensation acquired by the person liable for registration, and the right to claim the compensation does not directly belong to the person liable for

(See Supreme Court Decision 95Da56910 delivered on October 29, 1996, and Supreme Court Decision 95Da4209 delivered on December 5, 1995, etc.) B.

As seen earlier, the Plaintiff is only the applicant for ownership transfer registration based on the final and conclusive judgment based on the cancellation of title trust with respect to the instant land. As such, the Plaintiff cannot seek confirmation against the Defendants that the instant claim for payment of deposit money belongs to the Plaintiff on the premise that the right to claim for payment of deposit money of this case belongs to the Plaintiff.

C. The Plaintiff’s claim is unlawful as there is no benefit of confirmation.

3. Conclusion, the part of the claim for confirmation of the claim for payment of deposit money in the lawsuit of this case shall be dismissed as unlawful, and the part of the claim for payment of deposit money shall be accepted as it is so decided as per Disposition.

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