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(영문) 대구지방법원안동지원 2015.06.25 2014가합809
채권양도 청구
Text

1. The defendant transfers to the plaintiff the bonds listed in the attached list, and the Daegu District Court's jurisdiction is within the jurisdiction of the Republic of Korea.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 6 (including branch numbers, if there are branch numbers).

On January 26, 1949, the Defendant completed the registration of ownership transfer with respect to the land of 1,916 square meters (hereinafter “instant land”).

B. In around 1964, the Defendant donated the instant land to the Plaintiff, one of his grandparents (hereinafter “instant donation contract”), and the Defendant was not able to complete the registration of transfer of ownership due to the circumstance in which he resides in Japan.

C. The Central Land Tribunal, on January 9, 2014, deposited KRW 206,928,000 of the above expropriation compensation (hereinafter “instant compensation”) under the title 3 of the Daegu District Court rendered a ruling on the expropriation of the instant land for the construction of access roads to the Gyeongbuk-do City, which was implemented by the Gyeongbuk-do, but on the ground that the Defendant’s whereabouts cannot be known, on the ground that the location of the Defendant was unknown.

On January 14, 2014, Gyeongbuk-do has expropriated the instant land (hereinafter “instant expropriation”), and completed the registration of ownership transfer on January 21, 2014 with respect to the instant land based on the instant expropriation.

2. According to the above facts of determination, since the defendant's obligation to transfer the ownership of the land of this case to the plaintiff according to the gift contract of this case was impossible to be performed due to the expropriation of this case, the plaintiff can seek the transfer of the right to claim the payment of deposit money for the compensation of this case that the defendant, who is responsible for registration, as the exercise of the right

(See Supreme Court Decision 95Da56910 delivered on October 29, 1996). Accordingly, the Defendant is obligated to transfer to the Plaintiff the right to claim payment of the instant compensation, and to notify the Republic of Korea (competent branch of the Daegu District Court) of the assignment of the said claim.

3. Thus, the plaintiff's conclusion is that of this case.

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