상속예금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On May 14, 1971, the network E married with F and had the Plaintiffs, who were married with F, who were married with F, but divorced from F on March 30, 1989, and died on July 10, 2014.
B. The Deceased had a total of KRW 30,151,735 worth of deposit and other claims against the Nonghyup, etc. on June 30, 2014 and July 1, 2014, and owned KRW 30,151,735.
C. On July 4, 2014, G, the deceased, as a witness, prepared a testament on July 4, 2014, 24,600,000 won among the claims, such as deposits, etc. of the deceased for G, female He, P, or I, to the Defendant, and the executor of the will to designate G. The Defendant filed against the Plaintiffs an application for the approval seal of the will pursuant to the above instrument, which was dismissed on July 29, 2014. < Amended by Act No. 20173, Jul. 29, 2014>
G paid KRW 24,600,000 to the Defendant according to the above will on July 14, 2014.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 5 evidence (including each number in the case of additional number) and the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. The plaintiffs asserted that the defendant received all the above KRW 30,151,735, which is the deceased's property, and KRW 24,60,000, which was received by a will, was null and void because the deceased was in a situation where it was impossible for him to save at the time of his will and the will was in violation of the method prescribed by the law. Thus, the remaining KRW 5,551,735, which was paid without any legal cause, shall be returned to the plaintiffs who are the inheritor of the deceased (=30,151,735 x 1/3 shares) equivalent to their respective inheritance shares.
As to this, the Defendant paid the above KRW 5,51,735 to the deceased’s hospital expenses, etc., and the remaining KRW 24,60,000 to the Defendant at the time of the above will or of withdrawal of the claim for the above deposit, etc., even if the above will was not effective as a will in violation of the method prescribed by the law.