공탁금출급권자확인
1. Between the Plaintiff and the Defendants, Nonparty E deposited with the Seoul Southern District Court No. 2690 on May 13, 2014.
1. Basic facts
A. On February 4, 2014, the Plaintiff lent KRW 30 million to Defendant B, and Defendant B, on the same day, assigned KRW 130 million out of the lease deposit return claim (hereinafter “the instant claim”) against lessor E with respect to the first floor underground in Seoul, Gangnam-gu Seoul, to the Plaintiff, and delegated the notification right of transfer.
B. Accordingly, on April 17, 2014, the Plaintiff notified the assignment of claims to E by content-certified mail with a fixed date, and the notification was reached to E on April 18, 2014.
C. Meanwhile, Defendant B transferred the claim KRW 50 million among the instant claims to Defendant C, and signed and sealed a notice of assignment of claims notified that the said claim was transferred to Defendant C. Defendant C sent the said notice to E via a content-certified mail with a fixed date date, and the said mail reached E around April 18, 2014.
The third debtor, as the plaintiff and the defendants, were served with the notice of assignment of claims, seizure and collection order, provisional seizure order, etc. as follows, and multiple claims compete with each other. On May 13, 2014, the court held the deposited person as the defendant B, the plaintiff, and the defendants as the defendant B, the plaintiff, and the defendants on the ground of the existence of creditor's non-payment and the competition between the seizure of claims. The court held the deposited person as the defendant B, the plaintiff, and the defendants by mixing KRW 66,678,178.
On April 17, 2014, the notice of the assignment of claims to this part of the fixed date on April 18, 2014, is deemed to be a notice of the assignment of claims that overlaps with No. 1,30,000,000, Defendant 1, Inc., Ltd., 2, the transfer of claims on April 18, 2014, when the assignment of claims to this part of the fixed date reaches 50,000,000.
3 Plaintiffs 30,000,000, Defendant C50,000 of the fixed date assignment on April 18, 2014, and Defendant C 50,000,000 of the fixed date assignment on April 18, 2014, and Defendant 5 Defendant limited liability company injured by the transfer of the fixed date.