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(영문) 수원지방법원 2021.02.24 2020가단512913
공탁금 출급청구권 확인
Text

1. A. On April 20, 2017, the Korea Land and Housing Corporation deposited the housing site amount as KRW 738 of Suwon District Court in 2017.

Reasons

1. Facts of recognition;

A. On August 28, 2012, the Korea Land and Housing Corporation (1) leased J blockK units in the I Housing Site Development Zone H in Suwon-si, Suwon-si, and KRW 106,000,000, monthly rent, to Defendant B, KRW 700,000,000.

(2) Defendant B paid KRW 106,000,000 (hereinafter “the instant lease deposit”) to the Korea Land and Housing Corporation around that time.

B. On August 6, 2014, the Plaintiff agreed to lend L and 84,800,000 won to L as interest rate of 7% per annum.

On the same day, Defendant B transferred to the Plaintiff the claim for the refund of the instant lease deposit to the said Defendant’s Korea Land and Housing Corporation as security for L’s above loan obligation to the Plaintiff, notified the transfer of the said claim by evidentiary mail to the Korea Land and Housing Corporation on the same day, and on August 7, 2014, the notification of the transfer of the above claim reached Korea Land and Housing Corporation.

(c)

Defendant C, as a creditor of Defendant C, D, and E, received a seizure and collection order of KRW 14,50,00 from among the claims to return the lease deposit of this case held by Defendant B in the Korea Land and Housing Corporation on July 7, 2014, as the creditor of the money of Defendant C, D, and E, under KRW 3980, the Suwon District Court issued a seizure and collection order of KRW 14,550,00 from among the claims to return the lease deposit of this case, and the said order was served on the Korea Land and Housing Corporation on July 9, 2014.

(2) On February 26, 2015, Defendant D, as a monetary creditor of Defendant B, received a seizure and collection order against KRW 6,000,000, out of the claims for return of the instant lease deposit held by Defendant B in the Korea Land and Housing Corporation, as the head of Suwon District Court, and issued a seizure and collection order against KRW 3980,00. The said order was served on the Korea Land and Housing Corporation on March 2, 2015.

(3) On July 21, 2015, Defendant E, as a monetary creditor of Defendant B, held by Defendant B in the Korea Land and Housing Corporation, with respect to KRW 2,400,000, out of the refund claims of the instant lease deposit.

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