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(영문) 부산고등법원 2014.12.11 2013나52592
예금채권양도등
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the party is the legal couple who reported marriage with the defendant B on May 9, 1995, as a person who runs the interior business and the commercial building leasing business.

On September 18, 2014, the Plaintiff and Defendant B were sentenced to divorce and division of property by the Busan Family Court (2013Dhap1313), and the divorce lawsuit is pending with the Busan High Court 2014Reu3054 as of the date of closing argument in the instant case.

On the other hand, Defendant C is the words of Defendant B.

B. The Plaintiff’s form D on May 14, 2012, deposited KRW 70,00,000 from the Defendant B’s name deposit (Attached Deposit List Nos. 1 through 3) account (Attached Deposit List No. 1 to 3) with the check, and one bank (hereinafter “one bank”) on the same day.

(2) At the same place of the same offense, the term deposit account was opened in Defendant B’s name as KRW 10,000,000 and KRW 35,000,000 among the check at the same offense (hereinafter referred to as “instant one deposit”) and the deposit Nos. 1 and 2 in the attached table Nos. 1 and 2.

(2) On May 23, 2012, D terminated the account under the name of father at the same branch of Han Bank, one bank, and then, D opened the account of fixed deposit in the name of the Defendant B (hereinafter “instant deposit”) as indicated in the [Attachment 3] of KRW 155,000,000, out of the deposit amount of KRW 255,000,000, and the remainder of KRW 100,000,000. The F (hereinafter “the deceased”) died at around 17:37 on the same day.

3) On June 17, 2013, the Plaintiff received a provisional disposition on the prohibition of disposal of the claim against Defendant B and the third debtor as one bank (Seoul District Court Decision 2013Kadan1689, Han Bank, June 24, 2013, on the ground that the Plaintiff was served with the notice of the above decision on September 2, 2013, on the ground that the deposited person was the Plaintiff or the Defendant B, and the deposited person was the Plaintiff or the Defendant, and KRW 207,456,53,583, supra, was the sum of the principal and interest of the deposited claims against the Plaintiff and the third debtor.

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