logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.24 2017가단328637
공탁금 출급청구권 확인
Text

1. Of the KRW 92,823,592 deposited by the Defendant as Busan District Court No. 2222 on April 4, 2017:

(a) KRW 16,877,016.

Reasons

1. Basic facts

A. F was married to G on April 5, 1934, with H, I, J, K, and L.

B. H died on November 15, 197, and F died on June 21, 1993, and G died on July 24, 2004.

C. The Defendant’s implementation of M business, an urban planning facility project, included F-owned land N and its obstacles into the above project site. On February 9, 2017, the Central Land Expropriation Committee rendered a ruling to accept the above land and obstacles as expropriation compensation (=435,903,710 won) and KRW 28,214,250.

On April 4, 2017, the Defendant deposited KRW 92,823,592 (=464,117,960 x 1/5) out of the above confinement compensation as Busan District Court No. 2222 in 2017, on the ground that “F had already died and H’s heir cannot be known.”

(hereinafter referred to as "the deposit money of this case"). 【The ground for recognition】 【The fact that there is no dispute, each entry of Gap evidence Nos. 1 and 2, Gap evidence Nos. 18 and 19, and the purport of the whole pleadings

2. The plaintiff (appointed party, hereinafter referred to as "the plaintiff")'s assertion, the plaintiff, and the selected party B are H's lineal descendants.

H’s succession heir is O, Plaintiff, Selection, P, and Q. The inheritance shares are 2/11 shares, and Q 3/11 shares, respectively, among the instant deposit, 16,87,016 shares in O, Plaintiff, and Selection (i.e., KRW 92,823,592 x 2/11).

O A deceased on March 7, 2016 and succeeded to C, D, and E’s property. The inheritance shares are 3/7 shares of the Selection C, Selection D, and 2/7 shares of E, and thus the shares of the Selection C are 7,233,07 (=16,87,016 x 3/7). The shares of the Selection C, 4,82,004 (i.e., 16,87,016 x 2/7) are 4,82,04 (i.e., 16,87,016 x 2/7).

The Plaintiff seeks confirmation against the Defendant that the right to claim the payment of deposit money against each of the above money is against the Plaintiff and the designated parties.

3. The facts of recognition are as follows: Gap evidence 1 and 3-1, Gap evidence 8, Gap evidence 11, 12, and 13-1, 2, Gap evidence 14, Gap evidence 15, 16, 17, 20, and 2-1 and 2-1, respectively.

arrow