(영문) 대구지방법원포항지원 2016.04.15 2015가합41249

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(영문) 대구지방법원포항지원 2016.04.15 2015가합41249

예금

Text

1. The Plaintiff, Defendant B and C shall be jointly and severally liable to deposit claims in attached Form 1, and Defendant B and D shall be jointly and severally liable to deposit claims.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan created naturally for the purpose of managing the graves of his group and promoting friendship among descendants by making his group E as a joint ancestor, and the defendants are the members of the plaintiff's clan.

B. On February 24, 2015, the Plaintiff was unable to open a passbook under the Plaintiff’s name prior to being given a unique number certificate from the Port Tax Office, and thus, the Plaintiff borrowed the name of Defendant B, C, and borrowed the deposit account in the name of Defendant B, Defendant B, and D as stated in the separate sheet No. 1, and opened the deposit account in the separate sheet No. 2 (hereinafter “instant deposit account”) in the separate sheet No. 2.

C. On March 1, 2015, the Plaintiff opened a passbook in the name of the Plaintiff and opened a passbook in the name of the Plaintiff in order to manage the Plaintiff’s funds. On March 2, 2015, the Plaintiff demanded the Defendants to transfer the instant deposit to the passbook in the name of the Plaintiff.

Defendant C and D agreed to transfer the instant deposit to the passbook in the name of the Plaintiff, but Defendant B demanded additional payment of KRW 30,000,000 for merit, and refused to return the instant deposit.

[Reasons for Recognition] : Evidence Nos. 1 and 2, Evidence No. 3-1, 2, Evidence No. 5, Evidence No. 6, and the purport of the whole pleadings

2. Determination

A. Judgment on Defendant B’s defense of this case’s deposit claim in this case’s main security defense is jointly owned by the members of the clan, and thus, the lawsuit seeking the return of the deposit claim in this case’s lawsuit is a management or disposal act of the property of the clan. Therefore, in order to file the lawsuit in this case, the lawsuit in this case was filed without going through the resolution of the general meeting of the clan, and thus, it is unlawful. 2) Since the property owned by the clan belongs to the collective ownership of the members of the clan, it constitutes the collective ownership of the members of the clan, and therefore, the clan

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