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(영문) 수원지방법원 2018.07.19 2018가단12229
공탁금 출급청구권 확인
Text

1. The Korea Land and Housing Corporation deposited on April 20, 201, as the Suwon District Court's Eunpyeong Housing Site Costs No. 7380, the year 2017 Housing Site Costs.

Reasons

1. Facts of recognition;

A. On July 7, 2014, the Plaintiff, as a monetary claim of C, received a claim attachment and collection order from the Suwon District Court KRW 14,550,00,00, out of the claim for refund of deposit of deposit of KRW 95,978,40, which is held by C in the Korea Land and Housing Corporation. The said decision was served on the Korea Land and Housing Corporation on July 9, 2014.

B. After the above decision was delivered, the Defendants received each transfer of the claim for the refund of the deposit money from C and notified the Korea Land and Housing Corporation of the fact.

C. On April 20, 2017, the Korea Land Corporation deposited the Plaintiff and the Defendants, etc. as the principal deposit (hereinafter “instant deposit”) by mixing KRW 95,978,400, KRW 2017, KRW 2017, KRW 7380, KRW 98, and KRW 400 (hereinafter “instant deposit”) with the principal deposit.

[Ground of recognition] between the Plaintiff and the Defendant Dongyang Savings Bank: The facts that the confession under Article 139 of the Civil Procedure Act is deemed to have been made and the Defendant B did not

2. According to the above facts of determination, the plaintiff has the right to claim the payment of deposit money of KRW 14,550,000, which was issued with a seizure and collection order, out of the deposit money of this case, and there is a benefit to seek confirmation.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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