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(영문) 춘천지방법원강릉지원 2020.10.27 2020나30078
제3자이의
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In relation to the F business on April 5, 2018, E Co., Ltd. (hereinafter “E”) agreed with D, I, and the Plaintiffs, the representative of residents, to pay KRW 400,000,00 as the special support project cost for the increase of income, the purchase of community joint facilities, housing improvement projects, etc. to G and H residents in Gangseo-gu, Gangwon-do, and agreed with the representative of residents, and agreed to pay KRW 30,00,00 as the special support project cost for the increase of income, the purchase of community facilities, housing improvement projects, etc., within two months from the date of conclusion of the agreement, and the remainder of KRW 70,00,0

The payment of this deposit may be made at the request of only one of the joint holders, if all the joint holders submit a claim for payment and a certificate of deposit signed and sealed by all the joint holders, and each joint holders shall have no objection thereto.

Each joint account holder or his/her successor shall not make a demand for the division of the deposit or a single demand.

The report of accidents and changes in other matters concerning this deposit shall be dealt with under the joint name of all the joint names and joint signatures at the office.

The interest income of this deposit and taxes, etc. thereon shall be reverted to and withheld from the principal trader (name D) in the future.

B. On July 10, 2018, a deposit account (J; hereinafter “instant deposit account”) with D as the account holder was opened in the K Association (hereinafter “K”). The transaction intent was not only D’s seal, but also the Plaintiffs’ seal was reported. On the same day, the Plaintiffs prepared the “Agreement on Joint Name Deposit” as the joint account holder, signed and sealed a copy of their identification card, and submitted it to K. The main contents are as follows.

C. Since July 26, 2018, E deposited KRW 120,000,000 on the instant deposit account, and KRW 280,000 on June 4, 2019, respectively.

On the other hand, it is against D.

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