상속회복권청구
1. The Defendant’s respective KRW 9,166,66 for each of the Plaintiffs and 5% per annum from February 24, 2018 to June 24, 2020 for each of them.
1. The Plaintiffs and the Defendant are all children of the deceased F (the deceased on February 18, 2018, hereinafter “the deceased”). At the time of the deceased’s death, the deceased’s heir has children G other than the Plaintiffs and the Defendant.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading
2. Determination
A. As to the claim for return of a deposit, the Defendant’s withdrawal of KRW 45,00,00 among the deposits remaining in a bank account in the name of the deceased at the time of the deceased’s death on February 23, 2018, and KRW 10,00,000 among the deposits remaining in the Nonghyup Bank account, is recognized as either under dispute between the parties or according to the purport of the evidence No. 6-1 and No. 2, and all pleadings. According to the above facts, the deposit claim of KRW 5,00,000, which were remaining in the deposit account in the name of the deceased at the time of the deceased’s death, violated the Plaintiffs’ share of inheritance by withdrawing the deposit account in excess of the deceased’s statutory share of inheritance, barring any special circumstance, the Defendant did not have any obligation to compensate for funeral expenses from the Plaintiff’s respective share of less than KRW 166,666,00 to the Plaintiff or the Defendant’s share of less than KRW 16,000.
In addition, since the defendant has disbursed 21,752,830 won of hospital expenses of the deceased from the deceased's deposit, the defendant should deduct or set off the above amount to be returned to the plaintiffs.