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(영문) 서울동부지방법원 2016.03.25 2015가단128173

공탁금출급청구권확인 청구의 소

Text

1. On April 14, 2014, Nonparty E deposited with the Seoul East Eastern District Court No. 1443 26,354,000 won.

Reasons

Facts of recognition

From October 8, 2013 to October 31, 2014, Defendant A, who transferred and deposited the right to return the lease deposit, set the lease deposit to be leased from E during the period from 01-16 to 01-16, the lease deposit amount of KRW 3.7 million, monthly rent of KRW 3.7 million, and the lease term of KRW 3.7 million from November 1, 2013 to October 31, 2014.

(2) On November 25, 2013, Defendant A transferred the instant claim to Defendant D on November 25, 2013, and notified E of the fact of the assignment of the said claim by mail with a certified fixed date, and on the same day, the notice of the assignment of the claim was served to E.

In addition, on February 26, 2014, Defendant A transferred the instant claim to Defendant B, and notified Defendant B of the fact of the assignment of the instant claim by content-certified mail with a fixed date, and on the same day, the above notification of the assignment of claim was served to E.

In addition, on April 7, 2014, Defendant B received the seizure and collection order of the instant claim as Seoul Eastern District Court No. 2014TT No. 5190, the amount of the claim was KRW 60,043,018, using the notarial deed (No. 247, a notary public’s document of preparation of the notarial General Law Office No. 2014) against Defendant A as the title of execution. On April 14, 2014, Defendant B received the seizure and collection order of the said claim from the Seoul East Eastern District Court No. 2014, 2014.

In addition, on November 25, 2013, Defendant A transferred KRW 10 million among the instant claims to Defendant C, and notified Defendant A of the fact of the assignment of claims to E by means of content-certified mail on April 4, 2014, and on April 7, 2014, the notice of the said assignment of claims was served to E.

E is notified of each assignment of claims as above, around 11:00 on April 14, 2014, as Seoul Eastern District Court No. 2014, 2014, hereinafter “the assignee of the claim as to the claim of this case, the notification of the assignment of claims that arrived at February 26, 2014, Defendant B, the assignee of the claim, and the notification of the assignment of claims that arrived at February 26, 2014, and the assignee of the claim.