공탁금 출급청구권 확인
The plaintiff's primary claim is dismissed.
The defendant is the Incheon District Court on October 10, 2019.
1. Basic facts
A. The defendant is a parent of the plaintiff.
B. C (hereinafter “instant cooperative”) from around 2014 to the Defendant entered into an investment contract and term deposit contract in the name of the Defendant, respectively. The content thereof is as follows (hereinafter “the instant deposit”). On September 12, 2014, the account number (won) in each account on the date the contract was entered into, and September 12, 2014, the C cooperative’s investment D 10,839,953 on September 12, 2014, "E 10,830,6254, G 20,000 G 20,000 G 20,000,000 on September 10, 2018, 200, 2000 G 30,6254, 200,000 G 20,000,005, 708, 85, 105, 108, 105, etc.
C. The instant cooperative could not secure security by being unable to establish a collateral security in the process of transferring ownership and registering the establishment of a collateral security right with respect to its loan claims that it exercised to I on October 29, 2014.
Therefore, the association of this case suspended the payment of the investment account under the name of the defendant, who is the head of the office of the above affairs, in the name of the plaintiff's father, and the name of his father and wife. The association of this case was provided with alternative security by setting up collateral security on the apartment under the name of K (the plaintiff, Nam-gu, Incheon) and the land of 2 lots owned by the plaintiff (the N andO).
(d)
When K sold the above apartment on March 29, 2016, the instant cooperative received a deposit amounting to KRW 70 million from the Plaintiff as a term deposit and offered as security on August 25, 2016.
While the said term deposit was deposited after maturity, the sum of KRW 35 million was deposited in the instant case 4 and 5 deposits in the name of the Defendant in September 2018, and the remainder of KRW 35 million was deposited in the name of J, respectively, and the Plaintiff filed an application for the instant 4,5 and deposit transaction as the representative of the Defendant.
E. Around the maturity ( September 10, 2019) of the instant deposit No. 4 and 5, the instant cooperative provided a guidance on the maturity of deposit to the Defendant. Accordingly, the Defendant visited the instant cooperative and requested to pay the full deposit amount.
However, this shall not apply.