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(영문) 창원지방법원마산지원 2017.12.06 2017가합100932

예금

Text

1. Defendant Dong-dong Saemaul Savings Depository shall pay the Plaintiff a deposit in the attached Form.

2. The plaintiff's defendant B and C respectively.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) remarriedd with the Plaintiff on December 27, 1993, and Defendant B and C are children born between the deceased and the former.

B. On May 23, 2017, the Deceased died, and at the time, there was the Plaintiff, Defendant B, and C as the heir of the Deceased.

C. On August 2, 2017, Defendant B and C were tried to waive inheritance under the Changwon District Court Decision 2017 Madan307 Decided 2017.

On the other hand, at the time of death, the deceased owned the deposit claim in attached Form (hereinafter “the deposit claim in this case”) against the defendant Dong-dong Saemaul Savings Depository.

【Fact-finding without dispute over the ground for recognition, entries in Gap evidence 1, 2, 4, and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Defendant B and C renounced their inheritance, and the Plaintiff solely succeeded to the instant deposit claim of the deceased. Therefore, the Defendant Dongdong Saemaul Savings Depository is obligated to pay the Plaintiff the deposit claim of this case before the death. 2) As the Deceased transferred the instant deposit claim of this case to the Plaintiff before the death, Defendant B and C are obligated to transfer their respective inheritance shares (2/7 shares) among the instant deposit claim of this case to the Plaintiff, and to notify the Defendant Dongdong Saemaul Savings Depository thereof.

The defendant Dong-dong Saemaul Bank is obligated to pay the deposit in attached Form to the plaintiff who is the transferee of the deposit claim of this case.

B. 1) Determination 1) The deceased held the instant deposit claim against the defendant Dongdong Saemaeul Community Fund at the time of his death, and the fact that the plaintiff inherited the deceased alone by giving up his inheritance among the deceased's inheritors, as seen in the above basic facts. Accordingly, the defendant Dongdong Saemaeul Community Fund is liable to pay the plaintiff the deposit claim of this case to the plaintiff who inherited the claim of this case. 2) The judgment of the claim against the defendant Dongdong Saemaeul Community Fund is examined, and the defendant B and the defendant C inherit.