예치금반환 청구의 소
1.The judgment of the first instance shall be modified as follows:
The council of occupants' representatives shall be the defendant lotlflusm.
1. Facts of recognition;
A. On April 17, 2007, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) leased No. 1-107 (hereinafter “the instant building”) among the 127 multi-unit buildings located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) as the doctor of Yeongdeungpo-gu (hereinafter “instant building”), and around that time, occupied the instant store.
B. The instant building is a main complex building consisting of apartment buildings and commercial buildings (the instant store belongs to the commercial area). At the time when the Promotion Savings Bank was leased, the Defendant’s council of occupants’ representatives (including the 10 representative of each Dong elected from among the occupants of the instant building and the 10 representative representative of the commercial area from among the instant building) managed the entire building including commercial buildings.
C. On August 20, 2007, the living support office of the instant building made a written request to the Promotion Savings Bank as follows.
30kW’s electrical construction (hereinafter “instant electrical construction”), and deposit KRW 5,250,00 (hereinafter “deposit money”) with the deposit for the use of the instant electrical construction facilities, into the national bank account under the name of the defendant’s representative council (hereinafter “the instant account”) 400401-01-080907 account under the name of the defendant’s representative council.
If the Promotion Savings Bank leaves the store of this case and restores the electrical construction facility of this case to its original state, it shall return it with the approval of the council of occupants' representatives.
If the promotion savings bank fails to pay management expenses, the unpaid management expenses shall be deducted from the deposit of this case.
The return of the deposit of this case may be reserved in cases where there is any matter that has been less than the restoration of the Promotion Savings Bank to its original state.
Accordingly, the Promotion Savings Bank executed the instant electrical construction requested by the Defendant’s council of occupants’ representatives, and transferred the entire deposit amount to the instant account on August 30, 2007.
E. Meanwhile, from July 11, 201, Defendant .