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(영문) 서울중앙지방법원 2017.06.19 2016가단72519

공탁금출급청구권확인

Text

1. The Seoul Central District Court No. 15125 decided July 11, 2014 between the plaintiffs and the defendants as Seoul Central District Court No. 2014 decided July 11, 2014.

Reasons

1. Facts of recognition;

A. On July 13, 2012, Defendant K Co., Ltd (hereinafter referred to as “stock company” is omitted when indicating the name of the corporation, and if necessary, the Plaintiff and the Defendants’ number are specified) concluded a lease contract on the building of Seoul Matro and subway 3 L station, and then, the said building was divided into several stores in the form of department store operation, and the lessee was holding office for the fee.

B. The Plaintiffs and the Defendants 1 through 12 (hereinafter “the Defendants of Bonds”) concluded a replacement contract with Defendant K and commenced business, and received the sales proceeds after deducting the agreed fees.

In arrears with the rent to be paid by Defendant K to Seoul Meart for three months, Seoul Meart was ordered to suspend the business, and Defendant K did not pay the sales proceeds to the Plaintiffs and the Defendants.

C. Accordingly, on December 28, 2012, Defendant K transferred to the Plaintiffs and the Defendants the claim equivalent to the amount indicated in the attached Table 2 “total amount of transfer” among the claim for the refund of the lease deposit against his Seoul Meart (hereinafter “the claim in this case”). On the same day, Defendant K notified each of the assignment of the claim in Seoul Meart, and the said notification reached Seoul Meart on December 31, 2012.

Defendant K transferred KRW 10,700,074 out of the instant bonds to Defendant Dong Young Plus, and the notice of transfer was served on January 16, 2013.

E. Defendant 14-17, the obligees of Defendant K, executed part of the instant claims upon receipt of an order from the court as indicated in the column of “type” as indicated below, in order to secure their own claims, and each order reached the date indicated in the column of “delivery” of the said Table on the Seoul Qro.

On the date when the claim amount of the case number of the voting creditor reaches the original court, defendant 14 claim provisional seizure Suwon District Court 2013Kadan170.