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(영문) 춘천지방법원영월지원 2015.05.06 2014가단3844
공탁금출급청구권
Text

1. The plaintiff's lawsuit against the defendant Pyeongtaek Young-gu, Young-gu, and Livestock Cooperatives shall be dismissed.

2. Defendant A, and .

Reasons

1. Facts of recognition;

A. On October 208, 2008, Defendant A entered into a lease agreement with the lessee to lease the first floor retail store 131.61 square meters of the land-based building B and Gangseo-gun, Gangwon-do, with the lease term of five years, the lease deposit of 20 million won, and the rent of 3 million won (hereinafter “instant lease agreement”). Defendant A completed the registration of the establishment of a right to lease on the said real estate to secure the right to refund the lease deposit amount of KRW 20 million.

B. On October 30, 2008, Defendant A entered into an agreement on the assignment of claims between the Plaintiff and B, which transferred KRW 17 million to the Plaintiff out of the claim for the refund of the lease deposit against Plaintiff B.

In addition, the assignment of claims with a fixed date reaches B on October 31, 2008.

C. The defendant National Agricultural Cooperative Federation, the Gangwonwon Credit Guarantee Foundation, and the Pyeongtaek Chang Young-gu Livestock Cooperative Association, the creditors of the defendant A, have seized, provisionally seized, etc. the claims to return the lease deposit against the defendant A, and the detailed details are as shown in the attached list.

B received the notice of assignment of the above lease deposit, and on January 22, 2014, on the ground that attachment and provisional attachment competes, Defendant A and the Plaintiff were deposited as deposit, and the amount of KRW 19,400,00 (this refers to the amount obtained by deducting the unpaid rent of KRW 600,000 from the lease deposit amount of KRW 20,000) was based on Articles 291 and 248(1) of the Civil Execution Act, Article 487 of the Civil Act (hereinafter “instant deposit”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff sought confirmation of the Plaintiff as to the claim against the Defendant Pyeongtaek Young-dong Livestock Cooperative for the payment of KRW 17,00,000 out of the instant deposit money, but this part of the lawsuit against himself is against himself.

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