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(영문) 인천지방법원 2015.08.19 2015가단25937
공탁금출급권자확인
Text

1. The Defendant deposited 84,910,000 won deposited by Nonparty B with Seoul Southern District Court No. 5752 on November 3, 2014.

Reasons

1. Indication of claims: It shall be as shown in attached Form of claims;

(2) In order to determine the priority between the person executing the seizure order on the same claim as the transferee of the claim, the claim in this case is based on the reason that the notification of the assignment of claim to the plaintiff as the transferee was delivered to the third obligor B prior to the defendant's seizure and collection order. The deposit in this case is a mixed deposit where the deposit in execution was made on the ground that the plaintiff or the co-defendant C was deposited as the deposited person and the seizure concurrently, etc., one of the deposited persons can pay the deposit only when the written consent accompanied by the certificate of the personal seal impression of the other deposited person and the execution creditor, etc., or the favorable judgment of the confirmation of the right to claim the withdrawal of deposit against the other deposited person and the execution creditor, etc., and thus, the plaintiff may seek such confirmation.

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