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(영문) 수원지방법원 2018.06.28 2017가단537653
부인의소
Text

1. The Plaintiff and the Defendants deposited with the Suwon District Court Ansan Branch of the year 2016 Deposit No. 4626 88,98.

Reasons

1. Facts of recognition;

A. E, as the owner of the building F in Silti City F (hereinafter “instant building”), concluded a lease contract with A on the fourth floor of the instant building, and the deposit for lease was KRW 90,000,000.

B. Defendant C entered into a pledge agreement with A on May 2, 2016 (hereinafter “instant pledge agreement”) with respect to the claim for the return of the lease deposit held by A against E (hereinafter “the claim for the return of the lease deposit of this case”).

C. On August 24, 2016, Defendant D entered into a contract with A for credit transfer and takeover with respect to KRW 15,369,800 among the claims for the refund of the lease deposit in this case.

The pledge of this case and the acquisition of the claim by Defendant D were notified to E on August 26, 2016.

E. Since then, A entered into a contract for the transfer and takeover of bonds with Defendant ELPK (hereinafter “ELP”) on the instant claim for the refund of the lease deposit, and this fact was notified to E on August 30, 2016.

Defendant Dongbuex Co., Ltd (hereinafter referred to as “Dongbuex”) received a claim attachment and collection order under the Suwon District Court 2016TT No. 11227 and 2016TT1975 as the debtor and the third debtor, and the decision reached each E on October 2, 2016.

F. E made a mixed deposit of KRW 88,988,880 corresponding to the remaining deposit for lease in Suwon District Court No. 2016, 4626.

(g) On December 1, 2016, Suwon District Court 2016Hadan5448, 2016Ma5448 (hereinafter “instant deposit”) declared bankrupt on March 29, 2017, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

H. Defendant C and D asserted that the right to claim the withdrawal of the instant deposit against the Plaintiff, Defendant ELFK, and Dongbuex was against Defendant C and D.

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