logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.31 2015가합501970
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 23, 2014, the Plaintiff entered into a contract with Defendant A and C to transfer the lease deposit claim of KRW 300 million (hereinafter “instant lease deposit”) with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) with Defendant A and C (hereinafter “instant lease deposit”) to the Plaintiff (hereinafter “instant transfer contract”). For this reason, a notary public was certified as a deed signed by a private person with Law Firm D et al. as a notary public No. 122 on January 22, 2014. The main contents are as follows.

The creditor of the claim for return of the housing lease deposit against the instant real estate (a lessee and the transferor of the claim), Defendant A, the debtor (a lessor and a creditor of the assignment of claims), and the transferee of the bonds shall conclude a contract for transfer of claims as follows:

C. Article 1 / [Subject Claim]

(a) Amount: 300 million won;

(b) Details of claims: Article 2 of the senior Housing Lease Claim for the instant real estate (Persons related to the acquisition of claims)

(a) Transferor: A lessee of the instant real estate and obligee of the deposit for lease;

(b) Transferee: Plaintiff;

C. The obligor: Article 3 / [approval of the transfer of claim] ① the lessor and the obligor to return the lease deposit of the instant real estate; (1) the lessor and the obligor C consent without any objection to the present claim transfer agreement between the Defendant A and the Plaintiff as the assignee of the claim; and (2) the notification of the transfer of claim is omitted with the obligor’s consent.

Article 5 [Maintenance of Requirements for Setting Up in Priority] Lessee, creditor, lessor and debtor shall maintain the requirements for setting up against the Housing Lease Protection Act as to the claims for this transfer, and in particular, they shall not cause any change in the moving-in report and requirements for residence as of the date of this contract.

B. Meanwhile, on September 16, 2013, with respect to the instant real estate owned by C, the procedure for compulsory auction was commenced as Seoul Central District Court E on September 16, 2013, and Defendant B on November 1, 2014 at the above auction procedure.

arrow