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(영문) 전주지방법원 2021.01.29 2019가단9776
공탁금 출급청구권 확인
Text

1. The plaintiff's claim is dismissed.

2. L, May 29, 2018, deposited by the Jeonju District Court No. 1772, May 2018, 94,567

Reasons

1. Facts of recognition;

A. On October 15, 2012, J and Defendant I entered into a lease agreement between L with the father M of L representing L and O gas stations located in N in Young-gu Seoul Metropolitan Government, with the lease deposit of KRW 100,000,000, and the lease term of the lease from December 15, 2012 to December 14, 2014. Under the said lease agreement, the lease deposit of KRW 100,000,000 (hereinafter “lease deposit”) was paid.

B. On November 30, 2017, J drafted a contract for the transfer of claim between Defendant D and the fact that J transferred the claim for the return of the lease deposit of this case to Defendant D (hereinafter “instant claim transfer”). On the same day, the notice of the transfer of the instant claim was sent to M by mail proving the content thereof, and was served to Defendant D on December 4, 2017.

(c)

With respect to the claim for the return of the above lease deposit, the Plaintiff filed an application for provisional seizure of the claim amount under the Jeonju District Court 2017KaMa2734, which was 80,002,295, and reached L on December 8, 2017 upon receipt of the decision of acceptance, and the decision reached L on December 11, 2017. The former District Court 2018, filed an application for the seizure and collection order for the transfer of the returned claim to the provisional seizure of the above claim amount up to the above claim amount among the lease deposit amount of this case, and filed an application for the seizure and collection order (hereinafter referred to as "the collection order of this case") with L on May 18, 2018. The collection order of this case was served on L on May 23, 2018.

(d)

One Part J, Defendant C, Defendant E Cooperatives (hereinafter “Defendant E Cooperatives”), and Defendant G Cooperatives (hereinafter “Defendant G Cooperatives”) (hereinafter “Defendant G Cooperatives”) as creditors of Defendant I, when the transfer of the instant claim and the collection order of this case were issued, respectively, shall make a decision of provisional seizure of each claim, or a decision of seizure and collection order, as shown in the attached Table.

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