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(영문) 대구지방법원 2017.12.14 2017가단108889
공탁금 출급청구권 확인
Text

1. D’s claim for payment of deposit money of KRW 11,755,890 deposited by the Daegu District Court 2017 Daegu District Court as 1711 on March 8, 2017.

Reasons

1. Facts of recognition;

A. On March 2, 2015, Defendant B leased all the first floor of the Daegu Suwon-gu E-ground building from D with the term of KRW 30 million, monthly rent of KRW 1.6 million, and the term of March 1, 2017, and paid KRW 30 million to D with the lease deposit.

In the above special agreement clause 5, when the contract is terminated, the return of the deposit will be returned to the account of the defendant C's bank.

B. Around April 1, 2016, Defendant B borrowed KRW 30 million from the Plaintiff and drafted a notarial deed of debt repayment contract with the F Office Deed No. 59 of 2016.

In addition, in order to secure the performance of the above obligation, Defendant B decided to transfer to the Plaintiff the claim for the refund of the lease deposit amount of KRW 30 million against D, and notified the assignment of the claim to D on April 1, 2016, which was the date of the preparation of the above authentic deed, and that notification reached D around that time.

C. Around March 2017, Defendant B’s above lease agreement was terminated.

On March 8, 2017, D, a lessor, deposited KRW 11,755,890 on the remainder of the lease deposit, on the ground that the Plaintiff and the Defendants were deposited as the principal, and that they cannot be identified without fault who is the true creditor.

[Ground] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the claim for the return of the lease deposit against Defendant B’s lessor D, a lessee, was transferred to the Plaintiff on April 1, 2016, and the transfer was notified to the lessor D, and thus, the claim for the return of the lease deposit belongs to the Plaintiff, the transferee of the claim, barring any other special circumstances.

B. As to this, Defendant C shared the above lease deposit with Defendant C, and the lessor at the time of the lease agreement agreed to return the lease deposit to Defendant C at the time of the termination of the lease agreement, the repayment claim of the lease deposit belongs to Defendant C, and Defendant B did not have the effect of transferring the lease deposit to the Plaintiff.

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