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(영문) 서울남부지방법원 2015.01.14 2014가단224565
공탁금출급청구권확인청구
Text

1. Between the Plaintiff and the Defendants, Nonparty E deposited with the Seoul Southern District Court No. 2690 on May 13, 2014.

Reasons

1. Basic facts

A. On April 16, 2014, the Plaintiff lent KRW 50 million to Defendant B, and Defendant B signed and sealed the notification of assignment of claims stating that “I will transfer the leased deposit amount of KRW 130 million out of the leased deposit amount of KRW 130 million (hereinafter “instant claim”) held against lessor E with respect to the first floor underground in the Seoul Gangnam-gu Seoul F building (hereinafter “the instant claim”).

B. Accordingly, on April 16, 2014, the Plaintiff sent the said notice to E by content-certified mail with the fixed date date, and the said content-certified mail was delivered to E on April 18, 2014.

C. Meanwhile, Defendant B delegated the right to notify the assignment of claims to Defendant C while transferring the claim amounting to KRW 30 million among the instant claims to Defendant C. Accordingly, Defendant C notified the assignment to E through a content-certified mail with a fixed date on April 17, 2014, and the said postal item reached E around April 18, 2014.

The third debtor, as the plaintiff and the defendants, were served with the notice of assignment of claims, seizure and collection order, provisional seizure order, etc. as follows, and multiple claims compete with each other. On May 13, 2014, the court held the deposited person as the defendant B, the plaintiff, and the defendants as the defendant B, the plaintiff, and the defendants on the ground of the existence of creditor's non-payment and the competition between the seizure of claims. The court held the deposited person as the defendant B, the plaintiff, and the defendants by mixing KRW 66,678,178.

On April 17, 2014, the notice of the assignment of claims to this part of the fixed date on April 18, 2014, is deemed to be a notice of the assignment of claims that overlaps with No. 1,30,000,000, Defendant 1, Inc., Ltd., 2, the transfer of claims on April 18, 2014, when the assignment of claims to this part of the fixed date reaches 50,000,000.

3. Plaintiff A 50,000,000 on April 18, 2014, the transfer of a fixed date to Defendant A 4, 50,000,000 on April 18, 2014

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