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(영문) 창원지방법원 2015.04.23 2014가단21604
공탁금출급청구권확인
Text

1. The Defendant’s deposit of KRW 24,320,120, which was deposited by the Changwon District Court was gold 725 in 2014, May 12, 2014.

Reasons

1. Facts of recognition;

A. On May 13, 2014, the Defendant, in order to implement the project to improve water and marine wetlands in the Dobong-si, Jindo-si, Jin-si, accepted the two land, Jin-si, E, 110 square meters, F, 1322 square meters (hereinafter “instant land”). On May 12, 2014, the Defendant deposited KRW 24,320,120, KRW 24,320,120 for G on the ground that the owner’s G residence cannot be known.

B. A third owner of the share of the instant land is G, and the real estate register entered G’s address as “B of Dong-gu, Busan Metropolitan City,” the real estate register.

C. The Plaintiff (Appointed Party) is the wife of the network G, and the Selection B, C, and D are the incidental children of the network G.

It is originally divided into 1,764 square meters from the 1,764 square meters in Jinju-si, E 110 square meters in March 24, 2005, and F 1322 square meters in June 22, 2009, and the resident registration number of the owner G is written in J.

(e) there is no fact that a person with the name of “G” has transferred to the address of “Y in Busan-si, Dong-si, Busan-si, and the network G paid property tax on each land E and I before the death of April 8, 2010.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above findings of determination, the owner G recorded in the copy of the real estate register and land cadastre of the instant land is deemed the same person as the deceased G, who is the decedent of the Plaintiff (Appointed Party) and the designated parties.

Therefore, with respect to the Defendant’s 24,320,120 won deposited by the Changwon District Court Jinwon Branch on May 12, 2014, the Plaintiff (Appointed Party) shall have the right to claim payment of deposit of KRW 5,404,471, respectively, according to his/her share of inheritance with respect to each of the 24,320,120 won deposited by the Changwon District Court Geumwon Branch on May 12, 2014, and the Plaintiff (Appointed Party) shall have the right to claim payment of deposit of KRW 8,106,70, 207,

3. In conclusion, the plaintiff (appointed party)'s claim is justified and it is so decided as per Disposition.

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