공탁금 출급청구권 확인
1. C’s deposit with the Seoul Central District Court No. 15959 on August 4, 2017 341,917,000 won.
Basic Facts
Defendant A, from June 10, 2008, leased each of the lease deposit of KRW 350,000,000, monthly rent of KRW 1,500,000, and the lease term from July 2, 2008 to July 1, 2010, Defendant A paid KRW 350,000,000 to C around that time.
A around February 7, 2011, Defendant A transferred to the Plaintiff the claim for the refund of the said lease deposit (hereinafter “instant deposit refund claim”) against C. On August 31, 2012, the Plaintiff sent a notice of the transfer of claims signed jointly by the Plaintiff and Defendant A by content-certified mail to C and notified the fact of the said transfer. The notice reached to C on September 3, 2012.
On January 12, 2016, Defendant Korea Technology Finance Corporation (Korea Technology Finance Corporation: the Seoul Eastern District Court 2016Kadan50037, the amount claimed as KRW 120,000,00, the debtor as Defendant A and the third debtor C was decided to provisionally seize the amount up to the above claim amount among the claims to return the deposit of this case. The provisional attachment decision reached the C on January 15, 2016.
On November 23, 2016, Defendant B received a seizure and collection order from the Seoul Central District Court 2016TTT11702 to KRW 75,186,188, and from the obligor A and the third obligor C to the amount up to the above claim amount among the claim to return the deposit of this case. The seizure and collection order reached C on May 13, 2017.
C On August 4, 2017, the deposited amount was determined as KRW 341,917,00 (the remainder after deducting the unpaid rent from KRW 350,000,000; hereinafter “instant deposited amount”) by the Seoul Central District Court Decision 15959, the deposited amount was each deposited on the grounds of creditor uncertainty, provisional attachment or seizure.
[Ground of Recognition] Facts without dispute, Gap 4 to 7 evidence (including branch numbers, hereinafter the same shall apply) respectively.