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(영문) 수원지방법원성남지원 2020.05.12 2019가단220761
공탁금출급권자확인의 소 등
Text

1. On January 15, 2019, the Korea Land and Housing Corporation issued the head of Suwon District Court No. 90 against a public official who deposited the branch court in Sung-nam branch in 2019.

Reasons

1. Basic facts

A. On November 15, 2010, Defendant B transferred KRW 44,000,00 to the instant Corporation (hereinafter “instant lease object”) the lease deposit to Defendant B’s Korea Land and Housing Corporation (hereinafter “the instant Corporation”) (hereinafter “instant Corporation”) after obtaining a loan from the D Association (hereinafter “D”) around November 15, 2010, Defendant B notified the instant Corporation of the fact of the assignment of the said claim by content-certified mail, and the said notification reached the instant Corporation around that time.

(hereinafter “Assignment of Claim 1”) b.

On December 23, 2014, the Plaintiff entered into an agreement with Defendant B on a security loan of collective housing lease deposit and loaned KRW 40,400,000 to Defendant B (hereinafter “instant loan”); Defendant B, on the same day, appears to have increased the lease deposit due to the renewal and alteration of the lease contract between Defendant B and the instant construction.

After transferring B, the instant transfer was notified to the Corporation by content-certified mail, and the said notification reached the instant construction on the 24th of the same month following the following day.

(hereinafter “Assignment of Claim 2”) C.

Defendant B repaid the instant loan to Defendant B with the instant loan, and accordingly, Defendant B notified the instant construction by content-certified mail of cancellation regarding the instant contract for the assignment of the first assignment of claims. The said notification reached the instant construction work on December 26, 2014.

Since then, the claim to return the lease deposit of this case is equivalent to the claim amounting to KRW 22,053,905 of the defendant C, which is the creditor of the defendant B, provisional seizure of the claim amounting to KRW 22,053,905 (Seoul District Court 2015Kadan569, the date of the decision: March 12, 2015; March 16, 2015); and KRW 16,267,420, the defendant Korea Housing Finance Corporation.

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