logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.01.13 2016가단234756
공탁금출급청구권확인
Text

1. On May 31, 2016, H deposited by the Seoul Western District Court No. 2572 was KRW 178,726,000.

Reasons

1. Facts of recognition;

A. On January 8, 2011, I leased at KRW 180,000,00 as deposit money of Mapo-gu J and 401 from H.

B. On July 1, 2011, I transferred a claim for the return of the said lease deposit to the New Han Capital Co., Ltd., and notified H of the transfer of the deposit by content-certified mail.

After that, on December 2015, New Capital transferred the claim for the return of the deposit to the Plaintiff, and on December 23, 2015, H and I notified the transfer of the deposit by content-certified mail to H and I.

However, on April 13, 2012, I transferred KRW 150,000,000 among the claims for the return of the above lease deposit to Defendant E, and notified H of the assignment of claims.

C. Meanwhile, between 2013 and 2015, Defendant F, G, public morals Saemaul Depository, new card Co., Ltd., and new bank received an order or a collection order, in whole, as to part of the claim to return the above lease deposit.

I died on May 10, 2016, and there was Defendant A, B, C, and D, the spouse and children of the heir.

E. On May 31, 2016, H deposited KRW 178,726,00 as Seoul Western District Court Decision 2572 in 2016, on the grounds of the competition between Defendant A, B, C, D or New Capital, who is the heir of I, or the Plaintiff or Defendant E, and the seizure.

Grounds for Recognition: Facts without dispute, Gap 1 through 6, the purport of the whole pleadings

2. According to the facts of the above recognition, the claim for the return of the lease deposit was entirely transferred to the New Capital Capital, and the claim was subsequently transferred, or the collection order or the whole order was issued, Defendant E, F, G, the Young Saemaeul Community Depository, the new card, and the new bank cannot set up against it. Since the plaintiff was transferred again from the New Capital Capital, the above claim for the return of the lease deposit is the creditor of the above claim for the return of the lease deposit.

Since the defendant's public cooperative prohibits the transfer of the right of lease to the lease contract, it is the transfer of the right of lease deposit.

arrow