beta
Text
1. On June 10, 2016, Nonparty H deposited with 43,409,255 won by the Incheon District Court Branch Decision 2016No1563.
Reasons
1. Transfer of claims;
A. On April 2014, H entered into a lease agreement with the bankrupt F (hereinafter “Bankruptcy F”) on a set-term lease agreement to lease KRW 50,000,000,000,000,000,000 from April 26, 2014, and the period from April 26, 2014 to April 60.
B. On June 19, 2014, the bankrupt transferred to the Plaintiff the claim for return of the said lease deposit, and notified H of the said transfer by content-certified mail with a fixed date on the 25th of the same month.
C. Thereafter, around March 21, 2016, Defendant B notified H that he received KRW 40,000,000 from the bankrupt, out of the claim for the return of the said lease deposit, and Defendant C notified H of the establishment of a pledge against the said claim for the return of the lease deposit by the bankrupt on May 26, 2016, and Defendant C notified H of the establishment of a pledge against the said claim for the return of the lease deposit by the bankrupt on May 26, 2016. Defendant E was transferred to H of the said claim for the return of the lease deposit by the bankrupt on May 31, 2016.
H around June 10, 2016, on the grounds that the creditors of the right to claim the return of the lease deposit of this case were unknown, under the Act No. 1563 of 2016 of the Incheon District Court’s Busan District Court, the person under obligation to deposit was the latter part of Article 487 of the Civil Act; the person under obligation to deposit was the bankrupt or the Plaintiff, the Defendant B, the C, and the E; and the remaining deposit was not made for KRW 43,409,255 of the deposit whose overdue rent, etc. was restricted from the deposit.
E. On the other hand, around October 24, 2017, the bankruptcy procedure (U.S. District Court Decision 2016Hadan3303, 2016Ha 3303, 2016Ha 3303) began, stating that F is appointed as the trustee in bankruptcy as the trustee in bankruptcy with respect to G (hereinafter “Defendant trustee in bankruptcy”).
[Reasons for Recognition: Facts without dispute, Gap 2, 3, 4 evidence, Eul 1, 2, 3 evidence, the purpose of all pleadings]
2. The gist of the parties’ assertion is that the Plaintiff, as the cause of the instant claim, has the right to pay all the deposited money by H on the ground that H received the claim for the refund of deposit from the bankrupt, the Defendant bankruptcy trustee, and the lessor, respectively.