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(영문) 의정부지방법원 고양지원 2021.01.14 2020가단91604
공탁금 출급청구권 확인
Text

1. The defendant is against 17,973,255 won out of 22,973,255 won deposited by the Hayang District Court 2018 Geumyang Branch 2962.

Reasons

1. Basic facts

A. The Korea Housing Corporation (hereinafter “Non-Party Corporation”) entered into a lease agreement with C on the leased apartment, E, and the lease deposit amounting to KRW 38,110,00 with respect to the apartment, E, and C continued possession and use of the above apartment.

B. The Defendant filed a seizure and collection order concerning the claim for the return of the lease deposit against the non-party Corporation (hereinafter “the lease deposit claim of this case”) with respect to the non-party Corporation (hereinafter “the seizure and collection order of this case”), and issued a seizure and collection order (hereinafter “the seizure and collection order of this case”), and the original copy of the decision was served on the non-party Corporation (hereinafter “non-party Corporation) on February 10, 2012.

(c)

The collection order of this case was excluded from the claim subject to seizure as the claim subject to prohibition of seizure of the amount that can be preferentially repaid pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act.

(d)

F Bank (hereinafter “Non-Party Bank”) lent KRW 36,365,00 to C on May 4, 2012, and as a security therefor, transferred KRW 36,365,00 out of the lease deposit bonds of this case to Non-Party Bank, and the same month.

7. The same month after notifying the non-party corporation of the transfer of the claim.

9. Nonparty Corporation received this.

E. G (hereinafter referred to as “non-party loan”) acquired KRW 39,977,00 among the claims for the return of the lease deposit to the non-party C’s Korea Housing Corporation, and the non-party C’s notice of the transfer of the claim to the Korea Housing Corporation was served on February 17, 2016.

F. After filing a lawsuit to terminate a lease agreement between the non-party C, the non-party Corporation (Korean Family Court Decision 2017Na2017Na2022997) rendered a judgment, and 22,973,255 won remaining after deducting the deposit of the lease of this case from the deposit of this case. The non-party bank, C, the non-party loan, and the defendant.

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