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(영문) 서울고등법원 2020.09.08 2019나2052646
채권양도무효확인 청구의 소
Text

The plaintiffs' primary claim that the court changed in exchange and the plaintiff A extended to this court.

Reasons

1. Basic facts

A. The Plaintiff A and D (hereinafter “the deceased”) married on August 22, 2007 and led the Plaintiff B to the H date’s incidental, and the Defendant is the deceased’s fluor.

B. On March 5, 2012, the Deceased concluded a lease agreement with the lessor I and the Dongjak-gu Seoul Metropolitan Government E apartment (hereinafter “E apartment”) for the lease deposit of KRW 170,000,000 (hereinafter “the first lease deposit”), monthly rent of KRW 380,00, and the contract term from April 30, 2012 to April 29, 2014.

As the above lease contract has been renewed continuously, it has increased to KRW 450,00 from April 30, 2016 to KRW 450,000, and the lease term has been extended until April 29, 2020.

(hereinafter “instant first lease contract”). C.

On October 18, 2016, the Deceased entered into a lease agreement with the lessor J and E Apartment F, with a deposit of KRW 310,000,000 (hereinafter “instant second lease deposit”) and the term of the contract from November 26, 2016 to November 25, 2018, and the said lease agreement continued to have been renewed.

(hereinafter “instant second lease contract”). D.

On October 16, 2017 between the deceased and the defendant, the agreement on the transfer and takeover of claims between the deceased and the defendant (hereinafter “the agreement on the transfer and takeover of claims”) was prepared to the effect that “the deceased transferred the claim to the defendant for the refund of the deposit for the first and second lease of this case, and delegate the power to represent the notification of transfer.”

E. The Deceased died on July 16, 2018.

F. On July 25, 2018, the Defendant purchased E apartment F from J around July 26, 2018 and succeeded to the lessor’s status by means of the instant claim transfer contract and the content-certified mail attached to the instant lease contract to P, who purchased E apartmentF from J around July 26, 2018. The Defendant, “the Defendant, on October 16, 2017, assigned the claim for the instant Nos. 1 and 2 lease deposit from the Deceased and delegated the power of attorney regarding the notice of the transfer, shall notify the Defendant of the said assignment of the said claim.” Therefore, the Defendant is willing to pay the lease deposit to the Defendant.

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