1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

1. The reasons for this part of this Court's reasoning are as follows: "1. Basic facts" among the reasons for the judgment of the court of first instance is the same as the part of "1. Basic facts"; therefore, they are cited by the main sentence of Article 420

2. Determination on the cause of the claim

A. In a case where a joint account is opened in a bank and the right to exercise the same jointly is agreed to be deposited in the joint account, if the partner's money is deposited in the joint account, it shall be deemed that there is a quasi-joint ownership relation of claims if the partner's money is deposited in the joint account. However, if the joint account holder opened the joint account for any specific purpose other than the purpose of his/her own business and opened the joint account for the purpose of preventing and monitoring the deposit not to withdraw the deposit by himself/herself before the purpose of the joint account is achieved, one of the joint account claims shall be divided in quantity to each joint account holder, and the right to manage and dispose of each share of the joint account holder shall belong to each joint account holder (see, e.g., Supreme Court Decision 2002Da5590

In this case, the deposit of this case is opened under a joint name for the purpose of preventing the withdrawal of proceeds from sale of a building A for any purpose other than the repayment of the Plaintiff’s contract price. Barring special circumstances, 1/2 equal rate of 1/2 shall accrue to the Plaintiff and Samwon, barring special circumstances (Article 408 of the Civil Act). Therefore, the deposit balance of 140,168,251 won, which corresponds to 1/2 of the deposit balance of this case, amounts to 70,084,125 won (hereinafter the same shall apply) is the amount of the Plaintiff’s claim. Thus, barring special circumstances, the Defendant is obliged to pay to the Plaintiff again acquired the above deposit claim amount of 70,084,125 won and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 19, 2014 to the day of full payment.

C. The plaintiff and the plaintiff.