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(영문) 의정부지방법원고양지원 2016.09.28 2015가합74602
공탁금출급청구권 양도 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 16, 1954, on March 5, 1934, the sale of F forest land 5,950 square meters, G forest land 2,313 square meters, and H forest land 267 square meters (hereinafter “each of the instant lands”) was completed on March 5, 1934 with respect to each of 1/4 shares in the name of I, J, K, K, and L, as the grounds for registration.

B. On February 5, 2014, the Korea Land and Housing Corporation accepted I’s shares (each of 1/4) in each of the instant land, and deposited KRW 484,227,580 as 50,000, Kubu District Court 507, 2014, with the depositee I.

C. On July 31, 2015, the Defendants, the successors of I filed an application for the withdrawal of deposit KRW 242,113,789 out of the above deposit, and the deposit officer of the said court paid KRW 121,056,895 to the Defendant C, KRW 51,881,526, Defendant D, and E respectively.

[Reasons for Recognition] A’s evidence Nos. 1-3, and the inquiry results on the deposit of Goyang Branch District Court of this Court’s Goyang Branch, the purport of the whole pleadings

2. Around March 5, 1934, the Plaintiff asserted that each of the instant land was purchased and each of the instant land was title trusted by 1/4 shares in I, J, K, and L, respectively.

The Korea Land and Housing Corporation has accepted the shares of I in each of the instant land, and deposited KRW 484,227,580 with the deposited person I.

Since the Plaintiff terminated the above title trust with I through the service of a duplicate of the complaint, the Defendants, the heir of the title trustee I received each deposit in the column for the claim amount in the attached list deposited by the Korea Land and Housing Corporation, thereby causing losses to the Plaintiff and gaining profits equivalent to the same amount without any legal grounds.

Therefore, the Defendants should return the amount corresponding to each of the above deposits to the Plaintiff as unjust enrichment.

3. Comprehensively taking account of the respective descriptions and images of Gap evidence Nos. 4 through 14 (including branch numbers for those with serial numbers), the Plaintiff’s total sum of KRW 50,000,000,000 from M of the final cause from March 15, 2014 to May 9, 2014, and N of the final cause from June 23, 2014.

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