상속예금반환 청구의 소
1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, the part resulting from the participation by the Plaintiff’s Intervenor is respectively.
1. Basic facts
A. In the presence of witnesses H and I on November 19, 2015, the deceased G (hereinafter “the deceased”) designated K as a executor of the JJ deed No. 637, No. 637, 2015, and drafted a testamentary deed stating that the property listed in the list owned by the deceased will will be bequeathed to the Plaintiff (hereinafter “instant testamentary deed”).
B. The Deceased died on March 31, 2018, and the co-inheritors of the Deceased are those who live among the siblings of his father and the siblings of his mother.
[Ground of recognition] The facts without dispute, Gap evidence 1 (including the number of branch offices), each entry of this Court's Hong-gun L, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Hongsung-gun, Chungcheongnam-do, Hongsung-do, Hongsung-do, Chungcheongnam-do, Chungcheongnam-do, and the fact inquiry about Nan-do, Chungcheongnam-do, Chungcheongnam-do, and the purport of the whole arguments, as a result of the fact inquiry
2. The parties' assertion
A. The Plaintiff is obligated to receive universal legacy from the Plaintiff, and the Defendant is obligated to pay the Plaintiff KRW 400,849,063 as part of each deposit claim indicated in the separate sheet held in the name of the Deceased, and delay damages therefrom.
B. It is difficult to judge whether the notarial deed of this case was effective, and even if valid, the plaintiff merely received a specific legacy from the deceased, and the defendant is merely obligated to return to the deceased's heir, and there is no right to directly claim the above deposit against the defendant.
3. The executor of the will of this case has the right and duty to manage the property which is the subject of testamentary gift, and to perform all acts necessary for carrying out his will. Thus, in a lawsuit seeking cancellation of other registrations which obstruct the execution of testamentary gift, the executor of the will has standing to sue as the subject of legal lawsuit, and the executor of the will conflicts with the inheritor within the extent necessary for carrying out his will.