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(영문) 서울서부지방법원 2014.07.24 2013가합33034

공탁금출급청구권확인의소

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1. On June 4, 2013, Hyundai Amateur Co., Ltd., Ltd. deposited in gold No. 2757 of 2013 at this Court 568,589,512.

Reasons

Basic Facts

On August 208, 2009, Hyundai Asia District Co., Ltd., Ltd. (hereinafter referred to as "Neo Mancambed") leased the lease term of 10,00,000 won from October 8, 2009 to October 31, 2014, to D, the lease term of 10,000 square meters for the food of Yongsan-gu and F ground G buildings (hereinafter referred to as "H store").

(hereinafter referred to as “the lease of this case.” Article 4(5) of the lease contract of this case has a non-assignment agreement stating that “D cannot assert that it is appropriated for the payment of all other obligations against Hyundai Ack-in, such as monthly rent and various expenses to be paid under this contract with the lease deposit, and it shall not transfer or sublease the right to claim the refund of the lease deposit and the right under this contract of Hyundai Ack-in without prior approval of Hyundai Ack-in, nor establish a pledge or other security rights to it.”

D paid a deposit of KRW 900 million according to the instant lease agreement in Hyundai Ampha Maks, and sublet the H store to Company I with the consent of Hyundai Ampha Maks, September 28, 2009.

Meanwhile, on October 18, 2010, Defendant B Co., Ltd. (hereinafter “Defendant B”) acquired the status of lessee from D with the consent of Hyundai Ampha D on October 18, 2010.

On January 13, 2011, Defendant B transferred the instant lease deposit claim to Defendant Korea Standards Bank Co., Ltd. (hereinafter “Defendant Bank”), and the same year.

2. 8. The assignment of claims was notified to Hyundai Amateur M&D.

(hereinafter “Assignment of Claim 1”). Defendant B, around June 2012, transferred again to the Plaintiff the right to refund the lease deposit of this case, and transferred the same year.

7. 9. On the 10th day of the 10th day of the 10th day of the 19th day of the 19th day of the 10th day of the 10th day of the 19

(hereinafter “Assignment 2”). Meanwhile, on December 15, 201, Defendant B transferred to Defendant C the right to refund the lease deposit of this case.