(영문) 울산지방법원 2018.11.29 2018가단65592

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(영문) 울산지방법원 2018.11.29 2018가단65592

예금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 5; (c) evidence Nos. 1 to 5; and (d) evidence Nos. 1 to 5; and (c) the response of the Msan Branch Office

A. The Plaintiff, Defendant B, etc. are children of the network E and F.

B. On behalf of the F on December 27, 2017, Defendant B sold land and housing owned by the F in Ulsan-gun G and its ground (hereinafter “instant real estate”) to H and I for KRW 150,00,000, and completed the registration of ownership transfer on January 25, 2018.

C. On January 25, 2018, the Plaintiff, Defendant B, etc. opened a joint deposit account in the attached list in the Defendant bank, and deposited KRW 140,000,000 out of the purchase price.

(hereinafter referred to as “the deposit in this case”). The report of this deposit or any modification to the reported matters shall be dealt with under the joint name of both the joint holders and the bank.

If all the joint holders submit a claim for payment and a passbook signed and sealed by them, the bank may pay the deposit at the request of only one of the joint holders.

At the time of opening the instant deposit account, the Plaintiff, Defendant B, etc. submitted each of the following specifications to the Defendant Bank:

2. The party's assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's claim of this case's deposit claim of this case is divided into 1/4 shares and jointly reverted to the plaintiff, defendant B, etc., and the right to manage and dispose of each share belongs to each person. Thus, the plaintiff has an independent right to manage and dispose of 35,000,000 won out of the deposit claim of this case. Therefore, the defendant B, etc. is obligated to consent to withdraw 35,000,000 won (=140,000,000 x 1/4) out of the deposit of this case's deposit of this case and as long as the defendant B, etc. are obligated to consent, the defendant's bank return 35,00,000 won out of the deposit of this case to the plaintiff

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