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(영문) 서울중앙지방법원 2019.07.19 2018가단5268999
공탁금 출급청구권 확인
Text

1. E: 10,000,000 won out of the deposit money deposited as 318,452,000 gold 721 in Suwon District Court in 2018.

Reasons

1. Facts of recognition;

A. On December 21, 2017, F leased G Apartment H from E to KRW 340,000,000, monthly rent, and around that time, F paid the said lease deposit to E.

B. Around December 22, 2017, the Plaintiff lent KRW 10,000,000 to F. The F transferred KRW 10,000,000 out of KRW 340,000,000 to the Plaintiff, which is payable from E on the same day.

In addition, around January 17, 2018, the Plaintiff notified F of the assignment of the above assignment to E by content-certified mail on behalf of F, and the notification of the assignment of the assignment to E reached January 20, 2018.

C. On March 14, 2018, E died of F, and remaining KRW 318,452,00,00 for lease deposit. The spouse renounced his/her inheritance, and the written consent on the establishment of a pledge and written notification on the return of the deposit for lease deposit, written notification on the assignment of claims, notification on the seizure of claims, and assignment order are served, and the total amount is more than the lease deposit and it cannot be known whether the transfer of the deposit for lease deposit is valid, whether the person is a true right holder, and whether other creditors are, pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, deposited the above KRW 318,452,00 as the Sungnam Branch Branch of Suwon District Court in 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, as long as the notification of the assignment of the credit with the fixed date fixed on January 17, 2018, to E on January 20, 2018, the Plaintiff’s claim for withdrawal of KRW 10,000 out of the above deposit amount reaches E on January 20, 2018, is the Plaintiff.

(On the other hand, the defendant only seeks to dismiss the plaintiff's claim, but does not present any specific argument. 3. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.

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