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(영문) 수원지방법원 2015.01.23 2014가합14705
공탁금출급권확인
Text

1. D D’s deposit of KRW 130,00,000,000, which was deposited by the Suwon District Court No. 2148 in 201, Nov. 10, 201.

Reasons

1. Indication of claim;

A. As the creditor of Defendant B, the Plaintiff filed a lawsuit for revocation of fraudulent act against Defendant B as Suwon District Court Decision 2013Kahap2134, and the said court revoked the donation contract between E and Defendant B on July 12, 2013, with the “130,000,000 won, which was concluded on November 11, 2009 between E and Defendant B.” The judgment that “E shall pay to the Plaintiff 130,000,000 won with the interest of 5% per annum from the day following the day when the instant judgment became final and conclusive to the day of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter “instant winning judgment”). B.

On the other hand, with D on October 6, 2009, E entered into a lease agreement with the F apartment No. 180,000,000, and the term of lease from November 11, 2009 to November 11, 201 with respect to the F apartment No. 1602, 100,000, as for the F apartment No. 1602, Sipo-si, Sipo-si, Gunpo-si, with D, and paid the lease deposit of KRW 180,00,000 to D, and then delivered the above apartment to D around the expiration of the term of lease.

C. Defendant C, the creditor of Defendant B, filed an application for provisional attachment of KRW 130,00,000 out of KRW 180,000,000 of the above lease deposit return claim of KRW 180,000,00 with Defendant B as Defendant B as Defendant B, and the third debtor as Defendant D (C) (C). The provisional attachment order was issued on May 3, 2010, and the provisional attachment order was served to D around that time.

In addition, Defendant C requested the seizure and collection order of the above provisional seizure to be transferred to the provisional seizure (Sawon District Court Ansan Branch Branch 201TTT 4012), and on April 14, 201, the above provisional seizure and collection order was issued. The above order was served to D around that time.

D Based on the latter part of Article 487 of the Civil Act on November 10, 201, when the person to whom the order of seizure and collection was served, he deposited KRW 130,000,000 out of the above obligation to return the lease deposit as the head of Suwon District Court No. 2148 in 201, and returned the remainder of KRW 50,00,000 to E.

E. The plaintiff is called E.

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