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(영문) 부산지방법원 2016.06.28 2015가단54673
공탁금 출급확인
Text

1. The Defendant shall claim to the Plaintiff for payment of deposit money of KRW 14,030,728 out of the attached list deposit money.

Reasons

According to the purport of Gap evidence Nos. 1 through 6 and all pleadings, the Busan District Court 2009Na2238, Dec. 18, 2009, "the defendant has been sentenced to the plaintiff on Nov. 8, 2007, "the plaintiff shall implement the procedure for the transfer registration of ownership for 5/7 shares out of the 1/4 shares in the net D's name among the 1/4 shares in the land in this case (hereinafter "the land in this case"). The judgment becomes final and conclusive on Apr. 15, 2010; however, on Oct. 26, 2011, the Korea Rail Network Authority accepted the 1/4 shares in the net D's land in this case and deposited the 5/7 shares as the 400 shares in Changwon District Court 201Da4000, Oct. 20, 201, and deposited the 5/7 shares in Changwon District Court 19,6304,602.

According to the above facts, the defendant is obligated to transfer to the plaintiff the right to claim the payment of the deposit money of KRW 14,030,728 (19,643,020 x less than KRW 5/7, and to notify the plaintiff that he transferred the right to claim the payment of the deposit money to the Republic of Korea (the public official of the Changwon District Court deposit).

The Plaintiff asserts that the claim for payment of deposit amount of KRW 19,643,020 should be transferred to the Plaintiff. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff acquired the entire share of KRW 1/4 in the name of D exceeding 5/7 of the shares in the name of KRW 1/4 of the instant land, and there is no other evidence to acknowledge this otherwise. Therefore, this part of the Plaintiff’s assertion is without merit.

The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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