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(영문) 의정부지방법원 2016.04.01 2015가단27866

공탁금출급권자 확인

Text

1. On December 22, 2014, Nonparty E and F deposited with the District Court No. 6576 of 2014 in order to KRW 24,383,070.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff: (a) concluded a lease agreement with Defendant B as to Defendant B’s claim claim amounting to KRW 25 million; and (b) received a provisional attachment order on the lease deposit return claim (hereinafter “instant claim”); and (c) the said decision was served on August 28, 2014 to E and F on August 28, 2014, respectively.

B. On July 31, 2014, the Plaintiff received a payment order against Defendant B as the payment order issued by the Namyang-si District Court of Namyang-si (2014 tea2609) from the Namyang-si District Court, and the said payment order was the same year

8. It was finalized on 28.

C. After Defendant B transferred the instant claim 30 million won to Defendant B E and F, Defendant B notified the transfer to E and F on November 30, 2014. Defendant D transferred KRW 3 million out of the instant claim to E and F on December 22, 2014, and notified the transfer to E and F on December 22, 2014.

In addition, Defendant C received the provisional seizure order on the instant claim on December 3, 2014, with the amount of KRW 20 million out of KRW 60 million as the repayment claim against Defendant B, as the Jung Government District Court Decision 2014Kadan5056, and the said order was served to E and F around that time.

E/F deposited KRW 24,383,070,070 (hereinafter “instant deposit”) remaining after deducting some of the instant claims from the name of overdue rent, etc., on the grounds that the instant claims competes with five claims provisional attachment and assignment of claims on December 22, 2014, on the grounds that the instant claims competes with each other (hereinafter “instant deposit”).

E. On February 4, 2015, the Plaintiff received a provisional seizure against the Defendant B’s deposit withdrawal claim of KRW 32,961,630, out of the deposit withdrawal claim against the Defendant’s deposit of this case under the District Court Decision 2015TTT No. 2015TT1979 on February 4, 2015 (the provisional seizure of KRW 7,961,630 among them) and received a seizure and collection order (the additional seizure of KRW 7,961,630). The above seizure and collection order are the garnishee around that time.