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(영문) 수원지방법원성남지원 2017.11.17 2017가단8325
공탁금출금청구권확인의 소
Text

1. C Of the KRW 86,773,390 deposited by Kuwon-nam Branch of the Suwon District Court on April 5, 2017 as gold No. 1030 in 2017.

Reasons

Basic Facts

On November 10, 2016, the Daejeon High Court of Claim against E made a judgment on the claim for division of inherited property (hereinafter “instant judgment”) to the effect that C shall pay to E the amount of KRW 86,277,02 and the amount calculated at the rate of 5% per annum from the day following the day on which the judgment is final and conclusive to fully repay (hereinafter “instant claim”), and that E shall pay to the Plaintiff (Appointed Party), Appointed D (hereinafter “Plaintiffs”) and F each amount of KRW 26,861,252, and 5% per annum from the day following the day when the judgment is final and conclusive to the day of full repayment (hereinafter “the instant judgment”). The instant judgment became final and conclusive on February 22, 2017.

On January 12, 2017, the plaintiffs and F transferred the claims of this case from E to E, 26,277,002 won of the principal amount of the claims of this case and 26,861,252 won per annum from the day following the day when the adjudication on the claims of this case is finalized to the day of full payment, and the plaintiff (Appointed Party) delegated the notification authority of the assignment of claims from the transferor E to the day of full payment. The plaintiff (Appointed Party) notified the notification to C with the content certification and the notification reached C on January 13, 2017.

Defendant B, on March 8, 2017, issued a claim seizure and collection order against KRW 244,266,768 among the monetary claims including the instant claims that Defendant B had against C by the instant judgment under the Suwon District Court Branch Branch 2017TTT1955, and the said collection order was served to C on March 13, 2017.

Defendant B, on March 22, 2017, issued a seizure and collection order against KRW 65,09,200, among the monetary claims including the instant claims that Defendant B had against Suwon District Court Branch 2017TT 2680 by the instant judgment, as to March 27, 2017, and the said collection order was served to C on March 27, 2017.

Defendant Cho Jae-gu, Inc., Ltd., on March 28, 2017, by means of the instant trial as Suwon District Court Branch 2017TT 51791.

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