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(영문) 부산지방법원 2016.11.24 2015가단237928
공탁금출급청구권확인
Text

1. Money deposited by the NN Housing Redevelopment and Improvement Project Association on September 4, 2014 by Busan District Court No. 6573, Sept. 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 1, 1982, the deceased’s inheritance relation (1) deceased on April 1, 1982, Defendant D (7), a child born between the deceased’s wife P and the deceased’s wife, (2) E, net Q, Plaintiff A (3 women), Defendant F (4 women), Defendant G (5), Defendant G (6 women), and Japan’s children born between the deceased and the deceased’s children.

At the time, the remaining inheritors except Defendant F and Defendant D, among the children of the deceased at the time, were married and went out, and they were married to Australia as the head of the plaintiff A.

(2) The net P died on April 28, 1995.

Meanwhile, on the other hand, on June 26, 2008, the deceased who was the husband of the deceased K, the Defendant L, the children of the deceased, and the Defendant M, who was the husband of the deceased M (the deceased on August 25, 1997, as the inheritor of the deceased on June 26, 2008.

B. (1) On January 22, 2015, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling on the expropriation of land, etc. incorporated into a housing redevelopment project association, and on January 22, 2015, owned by the deceased.

(2) On September 4, 2014, the cooperative deposited KRW 1,026,779,550 as the Busan District Court No. 6573 on a deposit basis with the deceased on a deposit basis.

C. (1) Under the premise that part of the deposit money is received (1) the Plaintiffs and Defendant E requested the above court to pay the deposit in accordance with the inheritance shares, such as the entry in the table 2, on the premise that Defendant F and D are “a woman who is not on the same family register.”

(2) However, in the case of Defendant F, the above court did not permit the withdrawal of the Plaintiffs and Defendant E’s deposit on the ground that the deceased was released before the deceased’s death, and that in the case of Defendant D, the marital relationship could not be known.

(3) Accordingly, the same amount of shares of Defendant H, I, J, K, L, and M are the largest shares of inheritance of Defendant F and D, which are the Plaintiffs, the successors of Defendant E, and the network Q, and their substitute successors.

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