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(영문) 광주지방법원 2020.10.06 2020가단500162
공탁금 출급청구권 확인
Text

On November 8, 2019, between the Plaintiff and Defendant B, D deposited to the deposit officer of the Gwangju District Court in gold No. 9377 in 2019.

Reasons

1. Basic facts

A. D’s deposit was leased (hereinafter “instant lease agreement”) to Defendant B on October 15, 2017, setting the deposit amount of KRW 50,000,000 in Gwangju Mine-gu E apartment F, and the lease period from October 15, 2017 to October 14, 2019 (hereinafter “instant lease agreement”).

D The deposit was made as described in paragraph (1) of this case (hereinafter “the deposit in this case”), and the reason for the deposit was as stated in paragraph (1) of this case (hereinafter “the deposit in this case”). ① The claim for the refund of the lease deposit under the lease contract in this case (hereinafter “the claim for the refund of the deposit in this case”) did not have the amount stated in Paragraph (1) of this case after deducting the monthly unpaid rent from 50,000,000, and ② the Defendant was notified that the claim for the refund of the deposit in this case would be transferred to the Plaintiff on June 12, 2018, but ③ the decision for the seizure and collection of the above claim was served, and ③ the above claim was attached with the special agreement for the prohibition of the transfer of the claim in this case, and thus, the validity of the claim is not known, and thus, the Civil Procedure Act stated in

The fact that mixed deposits shall be made in accordance with Article 248(1) is stated.

B. On June 10, 2019, Defendant B notified Defendant B of the transfer of the instant security deposit claim against Defendant B to D by content-certified mail, which transferred the instant security deposit refund claim to D to the Plaintiff on August 16, 2018 (hereinafter “instant transfer notification”).

C. On May 3, 2018, Defendant C’s order of seizure and collection of the instant deposit amount: (a) drafted and executed a notarial deed of the monetary loan agreement on the acquisition of the claim that Defendant C lent KRW 30,000,000 to Defendant C at interest rate of 24% per annum; and (b) accordingly, Defendant C issued a notarial deed of the monetary loan agreement on July 24, 2019 with the Gwangju District Court’s 2019TTT61514 on July 24, 2019.

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