채권자확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendants are the successors of the deceased E (Death on August 17, 2014).
B. On January 7, 2003, the Plaintiff opened and deposited funds at the closing point of Samsung Securities Co., Ltd., Ltd. (hereinafter “CMA (hereinafter “CMA”) in the name of Samsung Securities Co., Ltd., Ltd. (hereinafter “TMA”) by opening the shares and CMA account (hereinafter “instant account”).
【Ground of recognition】An absence of dispute, and description of Gap 1 through 5
2. The parties' assertion
A. The Plaintiff’s assertion was a dentist who was unable to keep the income under the Plaintiff’s name due to the observation of the tax office.
Therefore, with the consent of father E, the plaintiff continued to use this case by opening and investing in the title of this case.
The instant account is not included in the inherited property because the Plaintiff was registered in title trust under the name of E, so the Defendants cannot inherit the right to claim a deposit against the instant account (hereinafter “instant right to claim a deposit”).
Therefore, since the right to claim a deposit belongs to the plaintiff, it is sought to confirm.
B. Even if the Plaintiff’s assertion of the Defendants contributed funds and used the instant account, the Defendants, the co-inheritors of the network E, hold the same shares.
3. Determination
A. In a case where a deposit contract is concluded through a real name verification procedure under the Act on Real Name Financial Transactions and Confidentiality and the fact of the real name verification is clearly stated in the deposit contract statement, etc., it would be reasonable to interpret that the deposit title holder, the actor representing him/her, and the intent of a financial institution are to appoint the deposit title holder as the party to the deposit contract, and it would be reasonable to clarify the legal relationship with the party to the deposit contract.
The legal principle on the interpretation of the party to the deposit contract is that the deposit title holder himself appears in the financial institution.