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(영문) 창원지방법원통영지원 2015.02.13 2014가단4216
예탁금
Text

1. Defendant B’s KRW 47,508,503 as well as 5% per annum from March 26, 2014 to February 13, 2015, and the following.

Reasons

1. Basic facts

A. On March 8, 1982, the registration of transfer of ownership was completed in the name of “A” on the land of 489 square meters in Tong-si, Dong-si and 566 square meters in Tong-si, Dong-si, Dong-si, which was originally owned by D.

(On the other hand, the above lands were merged with E large scale of 1055 square meters around December 2005, and for convenience, "the instant real estate".

On July 30, 2005, A (hereinafter referred to as the "G clan") opened a clan General Meeting (hereinafter referred to as the "General Meeting of this case") and enacted its rules to set the members qualification as the descendants of H 68 years old who jointly set forth “I” as the descendants of H, and elected the J as its representative. The following resolution was made (hereinafter referred to as the "resolution of this case").

Meanwhile, after attending the above general meeting, Defendant B signed and sealed the back of the minutes of the general meeting.

The real estate of this case shall be sold to K in 95.7 million won, and 30 million won shall be paid out of the sale price, and the remaining amount shall be deposited and managed by five (N, defendant B,O, P, and Q in a joint financial institution.

Provided, That the area of 565 square meters prior to R in Tong-gu shall be registered to Defendant B.

C. Since then, after the real estate was sold to K, the registration of ownership transfer was completed under the name of K on August 11, 2005, and 40 million won was deposited in the name of Defendant B on April 7, 2006 in the name of Defendant B out of the remaining money excluding the money paid during Class A out of the sale price of the said real estate. The deposit owner stated “B (S)” in the column.

After cancelling the above deposit on September 24, 2009, Defendant B received the principal and interest of KRW 440,01,005 as of the same day, and divided 42 million out of the same day into KRW 30,000 and KRW 12,000,000, respectively, and deposited each of the deposited deposits in the Defendant through through through through the Livestock Industry Cooperative. The written application for the deposit transaction is stated to be “The T&T>, and the seal impression and N’s seal impression were affixed in the column for the seal imprint.

E. Defendant B lost N’s seal impression upon the maturity of the deposit re-deposited on September 24, 2012.

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