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(영문) 서울동부지방법원 2018.01.12 2016가단114966
공탁금출급청구권확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 25, 2013, B transferred the lease deposit claim (hereinafter “instant claim”) of KRW 50 million on the second floor E in Jung-gu Seoul, Jung-gu, Seoul, and 1 parcel No. 01-16 (hereinafter “instant commercial building”), which B had against A (hereinafter “instant claim”) to C, and notified A of the fact of the instant claim assignment by mail with content-proof with the fixed date and issued notification of the said claim assignment to A on the same day.

B. B transferred the instant claim to F on February 26, 2014 (hereinafter “instant claim 2”). On the same day, B notified A of the fact of the assignment of the said claim by mail with a fixed date, and sent A a notice of the said assignment of claim to B on April 7, 2014. Separately, F notified C of the fact of the assignment of claim to B as the title of the claim amounting to KRW 60,043,018, the amount of claim was KRW 2014,5190, Seoul East East District Court 2014, and the notification of the assignment of claim reaches 201:4:3:0 on April 14, 2014, and the notification of the assignment of claim reaches 201:3:0,01,000,000,000 won, which reached 20,014.

“For reasons, on the basis of the latter part of Article 487 of the Civil Code, F, C, H, and B shall be the person to be deposited.

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