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(영문) 서울중앙지방법원 2019.11.15 2019가단5091899
공탁금 출급청구권 확인
Text

1. H and I made 3,00,000 won out of 37,474,180 won deposited by the Jeonju District Court of Law No. 380 in 2019.

Reasons

1. On February 7, 2018, Defendant B obtained a loan from the Plaintiff, Defendant C, D, Company E, Company E, Company F, and Company G on the security of the loan, and transferred KRW 18,000,000, out of the lease deposit return claims against J as to the Seo-gu Seoul Family L, Seo-gu, Daejeon, to the Defendant C, and delegated the notification of transfer to the Defendant C.

The amount of the Plaintiff’s loan and the amount of the assignment of the claim during the above loan and the assignment of the claim is KRW 3,000,000.

Defendant C transferred the ownership of the above real estate and succeeded to the lessor status of Defendant B, and notified the transfer of the ownership by content-certified mail to H and I, thereby reaching January 11, 2019.

Meanwhile, on October 22, 2018, the Defendant Daejeon Credit Guarantee Foundation attached the credit amount of KRW 3,916,671 and served the provisional attachment on the H, etc. on October 22, 2018. The Defendant Housing Finance Corporation attached the repayment claim of the above lease deposit to KRW 24,353,784 and served the provisional attachment on H, etc. on February 7, 2019.

H and I deposited KRW 37,474,180 out of the lease deposit with the Jeonju District Court 2019 Geum380.

[Grounds for Recognition: Gap 1 through 9; the purport of the entire pleadings (Defendant Korea Housing Finance Corporation); and the confessions (Defendants)]

2. According to the facts of the above recognition, six loan companies, including the Plaintiff, etc., take over the claim for refund of deposit money of KRW 18,000,000 after provisional attachment of the Defendant Daejeon Credit Guarantee Foundation (the amount of claim KRW 3,916,671) and before provisional attachment of the Defendant Housing Finance Corporation, and meet the requirements for counterclaim. Thus, the Plaintiff is the transferee of the claim for refund of deposit money of KRW 3,000,000, and there is a claim for payment of deposit.

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