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(영문) 수원지방법원 2020.08.18 2019가단556146
공탁금회수
Text

All of the main plaintiff and the conjunctive plaintiff's claims are dismissed.

The costs of lawsuit shall be the primary plaintiff and the conjunctive plaintiff.

Reasons

1. Basic facts

A. On December 30, 1987, the primary Plaintiff was registered as a branch of D, an incorporated foundation located in Yeongdeungpo-gu, Young-gu, Seoul.

On December 16, 2018, the primary Plaintiff held an extraordinary general meeting and elected the conjunctive Plaintiff.

B. On September 14, 2009, the primary Plaintiff filed a lawsuit against E and F claiming for the transfer of ownership and the cancellation of the registration of the establishment of a neighboring mortgage that was completed in the future in the future, claiming that the registration of the transfer of ownership and the registration of the establishment of a neighboring mortgage that were completed in the future were null and void of each cause, and filed an application for provisional disposition of prohibition of disposal of real estate with the Suwon District Court 2009Kadan113617 to preserve the execution thereof.

Preliminary Plaintiff, on October 6, 2009, deposited KRW 60,000,00 (hereinafter “instant one security”) with the Suwon District Court No. 10504, 2009 as deposit money in accordance with the execution court’s order to offer collateral on behalf of the primary Plaintiff on September 24, 2009, with F as deposit money of KRW 10,000,000 (hereinafter “instant two deposit money”), and the Suwon District Court deposited KRW 3,000,000 (hereinafter “instant two security”) with F as deposit money of KRW 10505, 209 with F as deposit money of KRW 20,000 (hereinafter “the instant deposit money”).

C. G, the chief director of the primary Plaintiff, filed an application with the Suwon District Court 2012Kadam2576 on behalf of the primary Plaintiff for the revocation of the instant security on October 4, 2012, on the ground that he/she consented by the secured right holder. The said decision became final and conclusive around that time.

H, upon receipt of the power of representation from G, submitted to the deposit collection officer of Suwon District Court on October 9, 2012, a written claim for the deposit collection on the grounds of the extinguishment of the cause of deposit (e.g., cancellation of security) with respect to the instant one deposit, and received from I a written authorization for deposit collection and received payment of KRW 60,000,000 and interest thereon.

G on January 15, 2013, on behalf of the primary plaintiff.

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