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(영문) 수원지방법원 2016.10.20 2016가단24655
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion on November 15, 2013, the Defendant leased KRW 100,000,000 deposit money, and the lease period from December 21, 2013 to December 20, 205 to D, respectively.

Of the above lease deposit, D paid KRW 28,750,000, excluding rental housing subsidies.

D On July 27, 2015, the Plaintiff transferred KRW 100,000,000 to the Plaintiff the claim for the refund of the said lease deposit. The notice of the assignment of claims sent by D was served to the Defendant on October 22, 2015.

D has withdrawn from the instant house on December 13, 2015, and the Defendant is obligated to pay KRW 28,750,000 to the transferee of the right to return the lease deposit, which was paid by D to the Plaintiff.

2. According to the evidence Nos. 3 and 4, the fact that D entered into a contract on July 27, 2015 under which D transferred KRW 100,000,000 to the Plaintiff the lease deposit return claim for the instant housing (hereinafter “transfer of claims”) and that it was sent to the Defendant by content-certified mail on October 20, 2015 and reached the Defendant around that time.

However, according to the evidence evidence No. 2, it is recognized that the Korea Land and Housing Corporation established the lease deposit amount of KRW 100,000 on November 15, 2013 as the lessee’s qualification and leased the instant house with the lease deposit of KRW 100,000 (hereinafter “the lease in this case”), and D paid KRW 28,750,000 out of the lease deposit to the Defendant as the occupant’s share.

According to the above facts, the Korea Land and Housing Corporation is a lessee of the lease contract of this case as a creditor of the right to return the lease deposit, and the assignment of the claim of this case is a transfer of false bonds, and the plaintiff's claim of this case as the transferee of the above assignment

3. Conclusion.

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