채권양도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The relevant defendant B is the father and wife who completed the marriage report on March 19, 2004, and the defendant C and D are the parents of the defendant B, and the defendant E are the births of the defendant B.
B. Defendant B opened an account under the name of the Defendants from around 2005 to opened several financial institutions with the Defendants’ nominal account, and distributed and managed money received from the Plaintiff.
C. During the divorce lawsuit, Defendant B and F are currently pending in the lawsuit of divorce and division of property, etc. with Seoul Family Court 2016Dhap37440.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3
2. The parties' assertion
A. Each account entered in the separate list in the Plaintiff’s assertion in the name of the Defendants is established by Defendant B pursuant to the title trust agreement between the Plaintiff and the Defendants. The Plaintiff, through the delivery of a duplicate of the instant complaint, expressed his/her intent to terminate the title trust of the said deposit owner. The Defendants are obligated to transfer their right to claim the return of each deposit entered in the separate list to the Plaintiff, and to express his/her intent to each transfer to the future deposit securities company (hereinafter “unclaimed deposit securities”).
B. There is no fact that the content of the Defendants’ assertion and the Defendants have concluded a deposit ownership trust agreement with respect to each account indicated in the separate sheet explicitly or implicitly.
The money deposited in each of the above accounts was managed by the F and Defendant B by Defendant B, and the money deposited in each of the above accounts was mixed with money raised by Defendant B as salary during marriage.
3. Generally, a trust of title is generally held in an external relationship with a name owned by the trustee, and its ownership is attributed to him, but in the internal relationship between the truster and the trustee, the truster holds the ownership and proceeds from the management. Thus, the debtor transfers money to another person's deposit account.