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(영문) 서울남부지방법원 2017.04.20 2015가합109646
보관금청구
Text

1. The claims of the plaintiff, the succeeding intervenor (appointed party) and the plaintiff's succeeding intervenor are all dismissed.

2...

Reasons

Basic Facts

A. The status of the Plaintiff (Withdrawal, hereinafter “Plaintiff”) is 1935 birth, the Plaintiff’s Intervenor (Appointed Party) and the Plaintiff’s Intervenor’s Intervenor E (Appointed Party) are the mother of the Plaintiff, the remainder of his/her married are F (First, his/her married), D (Second, G (Fifth, his/her husband), and Defendant C is the husband of D.

B. The Plaintiff’s building sale and apartment purchase 1) On May 28, 2010, the Plaintiff owned H and I by Yeongdeungpo-gu Seoul Metropolitan Government building J No. 5 (hereinafter “instant real estate”).

(2) The sales price of this case is KRW 850,000,000 (hereinafter “instant sales price”).

(2) On May 28, 2010, the intermediate payment of KRW 300,000,000 among the down payment was deposited in the corporate bank account in the name of the Plaintiff on June 30, 2010, in the amount of KRW 400,000,000, out of the remainder amount of KRW 470,000 in the corporate bank account in the name of the Plaintiff (Account Number K) and the remainder amount of KRW 470,00,000 in the corporate bank account in the name of the Plaintiff on September 17, 2010. (2) The Plaintiff purchased the purchase price of KRW 101,1510 (hereinafter “N apartment”) from M on June 4, 2010, and made the move-in report in the said apartment on October 26, 2010.

C. On August 10, 2016, the Plaintiff’s succeeding Intervenor (Appointed Party) and the Plaintiff’s succeeding Intervenor B and the Plaintiff’s succeeding Intervenor (Appointed Party) filed an application for intervention in succession with this court. On November 18, 2015, the notice of assignment of claims and the contract for claim transfer and takeover are attached (hereinafter “instant notice of assignment of claims”) and the main contents thereof are as follows.

▣ 이 사건 채권양도통지서

1. The transferor and the transferor A transferred each assignment of KRW 150,000,000 to the transferee B out of KRW 477,000,000,000, the custody amount of KRW 4777,000,000, out of the sale price of the building set forth in Yeongdeungpo-gu Seoul Metropolitan Government J No. 5, Yeongdeungpo-gu, Seoul Metropolitan Government.

2. Therefore, the transferor.

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