예금채권등 양도청구의 소
1. The Plaintiff:
A. Defendant (Appointed Party), Appointed C, and Appointed D shall apply to the claims listed in the separate sheet.
1. Facts of recognition;
A. The parties to the case (appointed parties) and the designated parties C, and D (hereinafter referred to as “the Defendants”) are children born between the Plaintiff and the Plaintiff’s former wife E (hereinafter referred to as “the deceased”).
B. The Plaintiff’s deposit title trust 1) On August 6, 2015, the Plaintiff borrowed the deceased’s name and deposited account (hereinafter “Korean Investment Account”) with Korea Investment Securities Co., Ltd. as shown in the attached list.
(2) On January 16, 2017, the Plaintiff deposited KRW 200,000,000 after opening the Nonghyup Bank MF Fund account (hereinafter “CF Fund account”) by borrowing the deceased’s name.
C. The Defendants’ inheritance and deposit withdrawal 1) died on March 11, 2017, and the Defendants inherited the deceased’s property and obligations. (2) On April 11, 2017, the Defendants terminated the agricultural bank account as co-inheritors of the deceased and withdrawn KRW 200,511,99 in total of the principal and interest of the deposit claims remaining in the said account.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 8, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. In a judgment on title trust, the contributor may, while cancelling the title trust, claim the transfer of his/her deposit claim against the account holder against the financial institution while claiming the transfer of the deposit claim against the account holder (see, e.g., Supreme Court Decision 2000Da49091, Jan. 5, 2001). If the title trustee dies, the title trust relationship remains between his/her property heir and the title trustee (see, e.g., Supreme Court Decision 94Da35985, May 31, 1996). According to the above findings of recognition, the Plaintiff may acknowledge the fact that the Plaintiff entered into a title trust agreement with the deceased with respect to the Korean Investment and Nonghyup account, and the Plaintiff’s termination of the said title trust agreement by serving the written complaint on the Defendants who transferred his/her status from the deceased.