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(영문) 수원지방법원성남지원 2015.11.03 2014가단12354

공탁금출급권자확인

Text

1. Between the Plaintiff and the Defendant, C and D deposited by the Seoul Central District Court No. 2778 on February 6, 2014 80,300.

Reasons

1. Basic facts

A. On December 16, 2011, the Defendant leased the building Nos. 104 of the building E (hereinafter “instant commercial building”) owned by C and D as the Plaintiff’s broker, from C and D, to December 16, 201, with the lease deposit of KRW 100 million, the lease deposit of KRW 100 million until December 16, 2013, and the monthly rent of KRW 9 million (hereinafter “the lease of this case”), and the Defendant has the right to refund the lease deposit of KRW 80,30,000 to C and D upon the termination of the said lease contract.

B. On February 6, 2014, C and D deposited KRW 80,30,000 (hereinafter “instant deposit”) with the Seoul Central District Court in 2014, on the grounds that the obligee cannot be identified as the Plaintiff and the Defendant, and on the grounds of seizure, etc., the Plaintiff and the Defendant were the deposited person, and the statutory provisions were governed by the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act.

- At the time of the lease agreement, the lessee and the lessee are liable for the repayment of the lease deposit amount of KRW 80,30,000,000,000,000,000 after deducting the overdue rent of KRW 100,000,000,000,000 from the Defendant’s creditor F of January 23, 2014.

However, since it is not possible to know the validity of a special agreement with respect to the above KRW 50 million among the above bonds, it is difficult to ascertain who is a creditor among the defendant and the plaintiff, and the effect of the subsequent seizure is affected by the validity of the said special agreement. Accordingly, it is only 80,300,000,000 won calculated by deducting the sum of rent for two months and value-added tax from the above KRW 100,000,000,000.