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(영문) 수원지방법원 2020.01.08 2019가단551813
양수금
Text

1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.

2. Defendant D shall list the attached list from Defendant C.

Reasons

1. Facts of recognition;

A. On June 27, 2017, Defendant C leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant D with a deposit of KRW 30 million, monthly rent of KRW 1450,000,000, and the term of lease from July 27, 2017 to July 26, 2019.

B. On August 18, 2017, the Plaintiff acquired KRW 10 million from Defendant C of the instant lease deposit. On June 7, 2018, the Plaintiff sent the content-certified mail informing Defendant D of the assignment of the instant lease deposit, which reaches Defendant D of June 11, 2018.

【Defendant C’s Grounds for Recognition: The fact that there is no dispute over Defendant D’s assertion of confession (Article 150(3) and (1) of the Civil Procedure Act), each entry of evidence Nos. 1, 2, and 3 (including additional numbers), and the purport of the whole pleadings

2. Claim against Defendant D

A. As to the Plaintiff’s claim for the transfer money, Defendant D cannot set up against Defendant D as the notification of the transfer of claims, since the Plaintiff, not the transferor, was the assignee, but the assignee, was notified of the transfer of claims.

However, the notice of assignment of claims under Article 450 of the Civil Act is irrelevant to the transferor’s direct control, and the transferee of claims may also be delegated with the authority of the transferor to notify the assignment of claims from the transferor, and notify the transferee of claims as his/her agent (Supreme Court Decision 2003Da43490, Feb. 13, 2004). According to the evidence No. 1-3 and No. 4, the Plaintiff delegated the authority of the notification of the assignment of claims from Defendant C at the time when the Plaintiff acquired the claims from Defendant C, and the fact that the Plaintiff was the agent of Defendant C at the time when the notification of the assignment of claims was given to Defendant D, and the Plaintiff’s notification of the transfer is valid as the notification of the assignment of claims under Article 450

B. Furthermore, according to the facts seen earlier, the instant lease contract was terminated upon the expiration of the term.

C. Accordingly, Defendant D’s transfer of the instant real estate from Defendant C to the Plaintiff as the assignee of the claim at the same time.

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