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(영문) 창원지방법원밀양지원 2015.08.21 2014가합153

예금채권양도

Text

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

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

Reasons

1. Basic facts

A. On June 2, 1992, the Plaintiff completed a marriage report with Nonparty E (the deceased on February 7, 2013, hereinafter “the deceased”). At that time, the Plaintiff continued a marital life as a legal couple from that time until the deceased died.

B. The Defendants are children born between F and the Deceased, who were the spouse under the law prior to marriage between the Plaintiff and the Deceased.

C. In the death of the deceased, the plaintiff 3/9 and the Defendants inherited the rights and obligations of the deceased’s property according to their respective shares in inheritance of 2/9. At the time of the death of the deceased, each of the deposit claims listed in the separate sheet (hereinafter “instant deposit claim”) was in the name of the deceased.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. In the instant case where the Plaintiff and the Defendants filed a claim for the division of inherited property (No. 2014Dhap10003), the trial on whether the instant deposit claim had been inherited to the Defendants is pending. However, on the premise that the said deposit claim was inherited to the Defendants, the Plaintiff filed the instant lawsuit seeking notification of the transfer of shares and the transfer of claims corresponding to the Defendants’ statutory shares out of the said deposit claim is unlawful without benefit of lawsuit.

B. Determination