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(영문) 청주지방법원충주지원 2015.05.21 2014가합3634
공탁금출급청구권
Text

1. On January 9, 2012, C Co., Ltd. deposited by Suwon District Court No. 32, 2012, KRW 199,50,000.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) on April 20, 207: (a) determined a deposit amount of KRW 200 million among buildings located in E at the time of the representative director E, dissolution on December 5, 201; and (b) leased part of the F in E, 200 million to D (hereinafter “D”); and (c) received the said deposit from D around that time.

B. Around July 1, 2008, D transferred to G the above security deposit refund claim against C (hereinafter “instant security deposit refund claim”) (hereinafter “the instant transfer of claims”), and C concluded a lease agreement with G on July 1, 2008, under which deposit is KRW 200 million for the instant building.

C. At the time of December 31, 201, the Plaintiff had a claim of KRW 150,00,000 based on the conciliation protocol of the case, including the name map of building in the Daejeon High Court, 2010Na1419 with respect to G. D.

The Plaintiff and the Defendants, as to the claim for the refund of the deposit of this case, were the debtor D, G or E, and the third debtor C were the debtor, and the provisional attachment of the claim was made as shown below (hereinafter “instant table”).

The creditor's case number No. 3 debtor 1 on October 23, 2008, the Seoul Central District Court D208Kadan92013 on the provisional seizure of claims 2009Kadan1314 on October 25, 201, the provisional seizure of claims 2009Kadan1314 on July 3, 2009, the provisional provisional seizure of claims 2009Kahap417 of this court G on December 15, 2009, the provisional seizure of claims and the collection order of claims transferred D Seoul Central District Court D2010 TaT8127 on March 16, 201 to the provisional seizure of claims and the collection order of claims transferred on July 25, 201, by Defendant B, the court of this case on July 25, 2011, the collection and disposal order of claims No. 20125, Dec. 21, 2015>

C As above, the provisional attachment, etc. came to coincide with each other and as of January 9, 2012, Suwon District Court No. 32, 2012.

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