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(영문) 서울중앙지방법원 2017.06.02 2016가단124724
공탁금출급권한 확인의 소
Text

1. On September 7, 2016, the Seoul Central District Court (Seoul Central District Court 2016) against the Plaintiff and the Defendants.

Reasons

1. Facts of recognition;

A. (1) Defendant A entered into a lease agreement and a special agreement prohibiting transfer thereof, etc.) with respect to the size of 80 million square meters on October 201, 201 and part of 113.15 square meters on the second floor of a building on the ground B in Jung-gu Seoul, Jung-gu, Seoul (hereinafter referred to as the “instant lease agreement”) under a lease agreement with the period from November 18, 201 to November 18, 201 (hereinafter referred to as “the instant lease agreement”).

(2) On the first page of the lease agreement of this case, the detailed contents of the lease agreement of this case are stipulated in Articles 1 through 16, and Article 9 of the lease agreement of this case provides that "the defendant shall not transfer or transfer to another person the right to refund the deposit, or sublet the whole or part of the object of the lease," and Article 9 of the lease agreement of this case provides that "The defendant shall not sublet the whole or part of the object of the lease."

B. The Defendant A transferred the claim KRW 19,50,000,000 to the Plaintiff out of the claim to return the lease deposit of this case, while engaging in a transaction for lending money with the Plaintiff. Upon delegation from Defendant A, the Plaintiff notified the transfer of the claim by content-certified mail on May 29, 2015. The notification reached the new bank on June 1, 2015. (2) Defendant A thereafter notified Defendant A of the transfer of the claim and the transfer of the right of pledge to the new bank by transferring the claim to return the lease deposit of this case or by establishing a pledge on the said claim.

The Seoul Northern District Court 2016.3.2. 2016. The Defendant A’s obligor and the new bank as the third obligor are the Defendant’s obligor, and the seizure of the claim to return the lease deposit of this case.

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