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(영문) 청주지방법원 2021.02.05 2020가단6733
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On January 9, 2017, the Plaintiff acquired KRW 110 million, out of the lease deposit amount of KRW 140 million from the Heak-gu Seoul Special Metropolitan City D Apartment-gu D Apartment-gu's obligation to pay KRW 100 million out of the lease deposit amount to the Defendant, and notified the Defendant of the fact of the acquisition of the above claim. Since C delivered the above apartment after the termination of the lease contract, the Defendant is obligated to pay the Plaintiff KRW 110 million out of the lease deposit.

The argument is asserted.

The transfer of a nominative claim cannot be set up against the obligor unless the transferor notifies the obligor or approves the obligor (Article 450(1) of the Civil Act). C transferred to the Plaintiff KRW 110 million out of the refund claim of the lease deposit, and subsequently decided to transfer the claim to the Defendant or consented to the transfer of the claim by the Defendant.

Inasmuch as there is no evidence to determine the person, the Plaintiff cannot oppose the Defendant with the assignment of the above claim.

Therefore, the plaintiff's claim for transfer of claim against the plaintiff C is without merit.

Therefore, the plaintiff's claim of this case is dismissed for reasons.

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