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(영문) 의정부지방법원 2019.06.27 2018나211793
공탁금 출급청구권 확인
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

With respect to the Plaintiff and the Defendants,

Reasons

1.The objective of recognition is to distribute business profits to joint business operators and joint business operators with respect to NM operation projects at the Government of Article 1 (Purpose) of the facts of recognition.

Article 2 (Apportionment of Work) (1) The plaintiff shall invest and manage the rental deposit and operating funds in operating the marina.

(2) Section B shall take part in operating business and in operating business, and take part in operating business and operating business, as well as Section 210,000,000,000,000 for operating funds as of March 25, 2016, as of March 25, 2016.

On March 25, 2016, the Plaintiff and the co-defendant B of the first instance trial (hereinafter “B”) entered into a joint agreement with respect to the operation of the NM (O) at the Government-si on the following terms:

B. On March 25, 2016, the Plaintiff drafted an authentic deed of a monetary loan agreement with B, stating that the Plaintiff’s repayment period of KRW 252 million to B shall be determined as of April 25, 2016, and lent to B as of April 25, 2016.

C. On March 26, 2016, the Plaintiff and B concluded a commercial lease agreement with Nonparty J, K, L, and M (hereinafter “J, etc.”) on the building of light-based steel structure (use: neighborhood living facilities) on the Nan Government-si Nan-si’s terms of KRW 200 million, monthly rent of KRW 11 million, and the term of lease from September 10, 2015 to February 9, 2022, the Plaintiff and B agreed to return the lease deposit amount of KRW 200 million to the Plaintiff upon the expiration of the contract and the cancellation thereof.

B completed business registration with Nonparty P and operated the marina.

E. On May 16, 2017, J, etc. agreed upon the above lease agreement with B and the Plaintiff, and on May 24, 2017, there was an agreement similar to the transfer of claims between the Plaintiff and B under the lease agreement, and on the ground that the seizure was conducted by being notified of multiple claims seizure and collection orders, provisional seizure of claims, transfer of claims, etc., the latter part of Article 487 of the Civil Act and Article 248 of the Civil Execution Act.

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