(영문) 대구지방법원안동지원 2014.10.22 2014가단2730

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(영문) 대구지방법원안동지원 2014.10.22 2014가단2730

소유권이전등기말소 등 청구

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1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 20% per annum from May 29, 2014 to the day of complete payment.

Reasons

1. Basic facts

가. 원고는 원고의 맏며느리인 피고의 이름으로 2013. 3. 25. 의성농업협동조합 C 계좌를 개설하고 10,000,000원을 입금하였고, 2013. 7. 1. 의성농업협동조합 D 계좌를 개설하고 5,300,000원을 입금하였으며, 2013. 7. 1. E 계좌를 개설하고 4,700,000원을 입금하였다.

B. On January 6, 2014, the Defendant terminated all of the deposit contracts with respect to the said three accounts (hereinafter “each of the instant accounts”) and received total amount of KRW 20,000,000 (hereinafter “instant deposits”).

[Ground of recognition] Unsatisfy, the result of this court's response to the order of submission of financial information to the south Branch of the Sung Agricultural Cooperative; the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff's each of the accounts of this case is the title trust account held in the name of the defendant and KRW 20,000,000 deposited in each of the accounts of this case is the plaintiff's money, and the defendant was voluntarily returned from Sung Agricultural Cooperative. Thus, the defendant asserts that the above KRW 20,000,000 should be returned to the plaintiff as unjust enrichment.

B. The defendant's assertion that the plaintiff donated the deposit of this case to the defendant, and F, the defendant's husband, donated KRW 70,000,00 to the plaintiff, and the plaintiff decided to donate the plaintiff's land to F, but did not donate land to F, while the defendant and F have been paying for a long time, they did not have a duty to return the deposit of this case to the plaintiff.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the deposit of this case was held in title trust in the name of the plaintiff, and thus, in relation to the relationship between the plaintiff and the defendant, the plaintiff's money shall be deemed as the plaintiff's money. Thus, as long as the defendant voluntarily withdraws from the deposit without the plaintiff's permission,

B. The defendant's assertion

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