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(영문) 서울북부지방법원 2016.02.16 2015가단6309

제3자이의

Text

1. On the basis of the executory exemplification of the judgment of the Seoul Eastern District Court 2013Na9934 regarding C, the Defendant is based on the executory exemplification of the judgment of the Seoul Eastern District Court.

Reasons

1. Facts of recognition;

A. (1) On February 28, 2012, the Plaintiff and C, the representative of the A Apartment Complex Center at the time, opened a common deposit account (Account Number: D; hereinafter “instant account”) under the joint name at a new bank (hereinafter “new bank”).

(2) The Plaintiff and C agreed that the payment of the deposit in the instant account between the new bank and the new bank should have the name and seal of all the joint account holders.

(3) From April 18, 2012 to December 20, 2012, Nowon-gu Office deposited KRW 200,000 per month in the instant account in total as the subsidy for senior citizen center. On December 24, 2012, the said subsidy was withdrawn and the balance of the said account was zero won on the same day, and the said account was not used from that time.

(4) On February 17, 2014, the Plaintiff decided to use the instant account as an exclusive account for long-term repair appropriation deposits, and deposited KRW 3,500,000 on the 25th of the same month to the instant account.

The remainder as of December 20, 2014 is KRW 3,502,857 (hereinafter “instant deposit”).

B. The Defendant, including seizure of the deposit claims of this case on October 13, 2014, filed an application for a seizure and collection order of KRW 58,868,016 with the Seoul Northern District Court Decision 2014T, 2013Na934, the Seoul Eastern District Court, 2013Na934, based on the executory exemplification of the loan execution ruling against C regarding the claim for the return of deposit claims against the third debtor bank by the debtor C. The above court issued a seizure and collection order against the above deposit claims, and the above order was served to the new bank around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion summary is that the account of this case is the joint name of the plaintiff and C, but the plaintiff is the plaintiff.