공탁금 출급청구권 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 4, 2012, Defendant Chungcheong Sea Co., Ltd. (hereinafter “Defendant Co., Ltd”) transferred KRW 100 million to the Plaintiff, among the goods-price claims that the Plaintiff had on September 1, 2012, and notified the Plaintiff of the fact of transfer to Dwork Home around October 8, 2012.
B. On November 1, 2012, the Home Home was added to the deposited person B (assignee), C (assignee), a limited liability company, D, A (assignee), a C, a C’s C’s C’, a C’s C’, a C’s C’, a C’s A’s C’s C’s C’s C’s C’, a stock company, a C’s C’s C’s C’s C’s water delivery, the Plaintiff (assignor), the F’s transferee, and the deposited person’s correction
Article 248(1) and Article 291 of the Civil Execution Act; the latter part of Article 487 of the Civil Act; and the Seoul Eastern District Court deposited KRW 169,694,459 as Seoul Eastern District Court Decision 2012Da4518.
(hereinafter “Deposit of this case”). C.
On May 13, 2013, the defendant Songpa-gu Seoul Metropolitan Government seized the amount of delinquent tax (196,380 won, such as automobile mandatory insurance, and registration and license tax, 1,680,690 won) among the defendant company's right to claim a refund of deposit money, and notified the attachment on May 14, 2013. < Amended by Act No. 11887, May 14, 2013>
On September 6, 2013, Defendant Republic of Korea seized the amount of national tax in arrears (total corporate tax, wage and salary income tax, etc. 9,272,90 won) among the Defendant Company’s right to claim payment of deposit money, and notified the fact of seizure on September 11, 2013.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. A claim for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective means to eliminate the Plaintiff’s rights or legal status in danger and danger.
A lawsuit for confirmation is not necessarily limited to a legal relationship between the plaintiff and the defendant, but also subject to a legal relationship between the plaintiff and the defendant and a third party or between the third party.