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(영문) 수원지방법원 2017.06.30 2017가합11301
공탁금 출급청구권 확인
Text

1. The Suwon Urban Corporation: 252,698, out of 323,954,190 won deposited by the Suwon District Court in 2013 gold No. 7578, July 5, 2013;

Reasons

1. Basic facts

A. The project implementer, who is the second project implementer of the F Zone Urban Development Project (F Zone Urban Development Project), accepted obstacles and goodwill owned by Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) located in the project site.

B. On August 25, 2010, the deceased A (hereinafter “the deceased”) obtained a provisional seizure order on the claims for the claims for the claims for the expropriation compensation against the Defendant Company against the Young City Corporation (hereinafter “instant provisional seizure order on claims”) by the Suwon District Court 2010Kadan10296 on August 25, 2010, with the amount of KRW 300,000,000 as the secured claims against the Defendant Company as the secured claims (hereinafter “the foregoing order”). The said order was served on the Young City Corporation on August 30, 2010.

C. Since then, the Deceased filed a lawsuit against the Defendant Company seeking payment of KRW 300,000,000,000 of the above loan claim as the Suwon District Court 2010Ga16062, and the judgment was finalized as it is. The Deceased was delivered to the Suwon District Court 201, Jan. 4, 201, by Suwon District Court 201, Suwon District Court 2010Mo16062, which was the executory exemplification of the loan case No. 20162, Suwon District Court 2010Mo16062, which was subject to the provisional seizure order, to transfer the provisional seizure of KRW 300,000 among the bonds subject to the above provisional seizure order to the original seizure (hereinafter “decision on the seizure and collection order of the claim of this case”), and the above decision was delivered to the Suwon Urban Corporation on Jan. 7, 2011.

On September 15, 2010, Defendant D acquired the obligation to compensate for expropriation from the Defendant Company for an urban development project, and on September 30, 2010, the notification of the assignment of the obligation has reached. Defendant E acquired the obligation to compensate for expropriation from the Defendant Company on February 16, 201, and the notification of the assignment of the obligation has been issued to the Korea Urban Development Corporation on February 18, 201.

E. On July 5, 2013, on the grounds that multiple seizures and assignment of claims between the Plaintiff and Defendant D, E, etc. are concurrent, Article 487 and Article 487 of the Civil Act.

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