예금반환 등
1. Defendant B’s KRW 29,287,790 as well as 5% per annum from July 31, 2009 to June 17, 201, respectively, to the Plaintiff.
1. Facts of recognition;
A. The plaintiff, defendant B, E, and non-party F are children of G who died on July 11, 2008 (hereinafter "the deceased"), who are co-inheritors, and defendant C is the wife of the defendant B, and defendant D is the grandchildren of the deceased.
B. The deceased opened a single bank account in the name of F and deposited KRW 1 billion in the account, but on September 29, 2006, deposited KRW 500 million in the account under the name of Defendant E (A bank I), and transferred the remaining KRW 500 million to an account in the name of Defendant E’s wife (A bank K), but transferred on December 28, 2007, to the account in the name of Defendant B (A bank L).
C. On January 28, 2008, Defendant B withdrawn a total of KRW 500 million from the deceased’s bank account (M’s KRW 490 million, N’s KRW 10 million) from the deceased’s bank account on January 28, 2008, and deposited it in the account opened in the name of Defendant D (O of our bank).
On April 10, 2008, Defendant B withdrawn a total of KRW 600 million ( KRW 510 million from P to KRW 510 million, KRW Q to KRW 60 million, and KRW 30 million from R) from the deceased’s bank account on the deceased’s instructions, and deposited the money in the name of Defendant C (bank S).
[Reasons for Recognition] Facts without dispute, Gap 4, 5, 6, 7 evidence (including each number), the purport of the whole pleadings
2. Determination as to the main defense of Defendant B, C, and D
A. The above Defendants asserted that the deposit account in the name of the Defendants was inherited property as a borrowed-name account of the Deceased and sought a part of the Plaintiff’s share in inherited property in the inherited property, fall under the exclusive jurisdiction of the Family Court, and therefore, the safety defense of the lawsuit in this case is subject to the Family Court’s jurisdiction.
B. As seen below, the Plaintiff asserted that the deposit account in the name of the Defendants did not constitute the deceased’s borrowed account, and that Defendant B and E withdrawn the deceased’s deposit against the deceased’s will, and that the Plaintiff committed a tort against Defendant B and E.