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(영문) 수원지방법원 2017.07.21 2016가합79225
공탁금출급청구권 확인청구의 소
Text

1. Between the Plaintiff and the Defendants, the Suwon District Court deposited on October 15, 2015 as Geumwon District Court No. 9582, 2015 534,300.

Reasons

1. Basic facts

A. On December 2, 2010, Defendant B registered his/her business under Defendant A’s name as “G” and operated his/her age club (hereinafter “instant age club”) starting around that time.

B. In accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Osan-si, H, I land, and the building on its ground, which is the location of the instant age club, established KRW 534,33,330 (hereinafter “instant business compensation”) in the future of Defendant A, a business owner under the title of business registration under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

C. The Plaintiff is a tax claimant against Defendant B, who seized the claim for business compensation of Defendant B. Defendant C is a creditor against Defendant A, who seized the claim for business compensation of Defendant A, and Defendant D, E, and F is a creditor against Defendant A and B, who seized or provisionally seized each of the above claims for business compensation.

On the other hand, on the other hand, Defendant D filed a lawsuit against Defendant A on the instant operating compensation in subrogation of Defendant B against the Defendant A, with the Suwon District Court 2013Na43434, regarding the claim for the assignment of claims against the Defendant A, and on January 30, 2015, Defendant A was sentenced by the said court to the effect that “The Defendant A shall transfer KRW 70,040,547 out of the above operating compensation claims against the Defendant A to Defendant B, and shall notify it at the time of Osan,” and the said judgment became final and conclusive on February 24, 2015.

E. On October 15, 2015, Osan-si: (a) made a mixed deposit of KRW 534,300,000 (hereinafter “instant deposit”) with the Suwon District Court Decision No. 9582, No. 9582, supra, on the ground that “The genuine owner cannot be identified due to the above final judgment, etc. on the instant business compensation, and the claims, provisional seizure, seizure, etc. against Defendant A and B are concurrent; and (b) the deposited person was designated as the Defendant.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 11 (including branch numbers, hereinafter the same shall apply) and arguments.

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