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(영문) 수원지방법원 2020.11.24 2019가단537589
공탁금 출급청구권 확인
Text

The plaintiff's lawsuit against the defendant Korea Housing Finance Corporation shall be dismissed.

2. The plaintiff's defendant B and C respectively.

Reasons

1. Basic facts

A. On June 25, 2014, Defendant B entered into a lease agreement between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “instant real estate”) with respect to the lease deposit amount of KRW 25,70,000,000, monthly rent of KRW 186,710, and the lease term of KRW 186,710 from July 1, 2014 to June 30, 2016 (hereinafter “instant lease agreement”), and paid KRW 25,70,000,000 to the Korea Land and Housing Corporation.

Since then, the lease deposit under the above lease contract was finally converted to 38,959,000 won, and the rent was finally converted to 106,710 won per month.

B. Defendant B (hereinafter “F”) around June 2014, 2014, is the F Co., Ltd. (hereinafter “F”).

(1) The Korea Land and Housing Corporation shall transfer to the Korea Land and Housing Corporation a claim for refund of deposit money under the instant lease agreement (hereinafter “transfer of prior claim”).

(2) On June 15, 2016, F and Defendant B sent notice of the assignment of claims to the Korea Land and Housing Corporation on June 24, 2014; (3) on June 15, 2016, F and Defendant B rescinded a prior agreement on the transfer of claims; (4) at that time, F notified the Korea Land and Housing Corporation that the prior agreement on the transfer of claims was rescinded (hereinafter “instant cancellation notice”); and (4) the said notice reached the Korea Land and Housing Corporation on June 20, 2016.

C. On June 10, 2016, Defendant B transferred to the Plaintiff the claim to return the deposit (38,959,000 won) under the instant lease agreement (hereinafter “the instant claim transfer agreement”); and on June 13, 2016, Defendant B notified the claim to the Korea Land and Housing Corporation by content-certified mail with a fixed date (hereinafter “the instant first claim transfer notification”); and the said notification reached the Korea Land and Housing Corporation on June 16, 2016.

Defendant B, who takes over part of the claim of Defendant C, is the management institution of the Housing Finance Credit Guarantee Fund around June 16, 2016.

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