공탁금 출급청구권 확인
1. Nonparty D and E deposited with the Seoul Northern District Court No. 4340 on November 1, 2018 150,000 out of KRW 670,00,000, which was deposited by Nonparty D and E as the Seoul Northern District Court No. 4340 on November 1, 2018.
1. Basic facts
A. On June 6, 2017, Nonparty F entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the deposit amount of KRW 670 million and the period from July 21, 2017 to July 20, 2019, on which Nonparty F leased the instant real estate H (hereinafter “instant real estate”).
B. On June 15, 2017, Defendant C Cooperatives (hereinafter “Defendant C Cooperatives”) lent KRW 400 million to Defendant B.
(hereinafter hereinafter referred to as “instant loan contract”). On the same day, the Defendants drafted a contract for assignment and takeover of claims to transfer KRW 520 million out of the claims to return the lease deposit under the instant lease contract against Defendant B F (hereinafter “instant lease deposit claim”).
(hereinafter referred to as “first transfer contract”) A. F accepted the transfer of the above lease deposit claim with a certificate with a fixed date around that time.
C. On March 15, 2018, Nonparty D and E completed the registration of ownership transfer for reasons of sale on January 20, 2018 with respect to shares D and E 1/2 of the instant real estate.
On May 17, 2018, Defendant B transferred the entire claim for the return of the lease deposit of this case to the Plaintiff, and on the same day, Defendant B notified D and E of the transfer of the right to return the lease deposit with a certificate with a fixed date.
(hereinafter “Second Transfer Agreement”). The notice reached D and E on May 18, 2018.
E. D and E deposited KRW 670,000,000 under the instant lease agreement as the Seoul Northern District Court Decision 4340, Nov. 1, 2018 (Seoul Northern District Court Decision 2018; 4340,000,000,000 “Plaintiff or Defendant C”) as the principal deposit, and deposited as the creditor’s non-creditor.
(hereinafter referred to as “instant deposit money”) . The ground for recognition . The fact that there is no dispute, Gap’s 1, 4 through 8, Eul’s 1 through 3, the purport of the whole pleadings and arguments.
2. Determination as to the cause of action
A. The gist of the parties’ assertion was that the Plaintiff transferred to the Plaintiff the entire claim for return of the lease deposit of this case.