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(영문) 서울중앙지방법원 2016.08.24 2016가합506217
공탁금출급청구권 확인
Text

1. Co., Ltd.: (a) on December 9, 2015, deposited by the Seoul Central District Court No. 27115, Dec. 9, 2015; (b) 443,200.

Reasons

1. Determination as to the claim

A. 1) The Plaintiff is the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”).

(2) On October 25, 2007, Defendant A entered into a contract for the sale of B apartment 401 dong 302 (hereinafter “the apartment of this case”) with the Kando Savings Bank for the payment of the sale price on the same day. Defendant A borrowed KRW 219,00,000,00 from the Kando Savings Bank for the payment of the sale price on the same day.

3) On October 25, 2007, when the sales contract of the apartment of this case was terminated on October 25, 2007 in order to secure the payment of Defendant A’s loans and interest, the New Savings Bank was assigned by Defendant A with the claim of KRW 221,60,000 among the claim for the refund of the sales price for the apartment of this case held by the Defendant A with respect to Code (hereinafter “transfer contract of this case”).

(2) Defendant A notified the Plaintiff of the fact of the transfer of the claim as a certificate with the fixed date on October 30, 2007. Defendant A failed to pay the sale price to the Plaintiff, and the sales contract for the instant apartment was terminated on September 2012.

On April 23, 2012, Defendant Korea Housing Finance Corporation (Seoul Central District Court 2012Kadan18778), Defendant A’s claim provisional attachment (Seoul Central District Court 2012Kadan1878), 205,037,684, 205, 105, 105, Defendant Korea Housing Finance Corporation, and Defendant Han Bank Co., Ltd., Ltd., Defendant A’s claim provisional attachment (Seoul Central District Court 2013Kadan690), Defendant Korea Housing Finance Corporation (Seoul Central District Court 2013Kadan6, 856, 105, 105, 5, 2013), on the claim to return the purchase price of Defendant A, as follows: 6) Cordydy deposited each provisional attachment on December 9, 2015, on the grounds that transfer, seizure and collection order of claims, and provisional attachment competes with Defendant A’s claim to the sale price of claims:

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