공탁금출급청구권 확인 청구의 소
The part of the counterclaim by the defendant (the plaintiff in the counterclaim) that seeks to confirm the claim for the withdrawal of deposit C, D, and E shall be dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. He/she died on January 14, 2018, and was the deceased’s heir, and the Plaintiff and the Defendant, the deceased’s heir.
B. On September 13, 2007, the Deceased’s Deceased’s Testamentary Gift shall commission a notary public to a law firm H to participate in I and J as a witness, and the 161 of the 2007 deed shall be bequeathed as follows: “The building of Seongdong-gu Seoul, Seongdong-gu, Seoul, with a size of 315.4m2, a size of 150m2, and three-story buildings on its ground (hereinafter collectively referred to as “the instant real property”), owned by the Deceased, shall be bequeathed as follows.
“The percentage of testamentary gift certificates to which Plaintiff 2/14 Plaintiff 2/14 Plaintiff 2/14 Plaintiff son N1/14 Defendant 2/14 Defendant’s spouse C 4/14 Defendant’s spouse C 4/14 Defendant’s son E 1/14 of the Defendant’s son E 1/14 of the testamentary gift (hereinafter “instant testamentary gift”). C.
1) On June 25, 2013, the Deceased was sentenced to limited 600 by Busan District Court Decision 201 Jincheon-do, 201.
2) On May 21, 2016, a guardianO, a legal representative of the deceased, sold the instant real estate to P in KRW 4,150,000,00 with the consent of the family council, and completed the registration of ownership transfer to P on August 22, 2016.
3) The Deceased deposited part of the sale price of the instant real estate with a regular deposit, etc. with the F Cooperative. At the time of the deceased’s death, the Deceased deposited KRW 1,456,129,145 with the said deposit amount (hereinafter “the instant deposit claim”). D.
On June 5, 2019, the FF association deposited with the Plaintiff and the Defendant as the principal consignee, and “the Plaintiff filed a lawsuit against the F association against the Plaintiff for the claim for the return of deposit amounting to 2518 by the Seoul Central District Court 2019. The Plaintiff withdrawn the said lawsuit on September 20, 2019, and was terminated as the withdrawal of the lawsuit on October 12, 2019.
The defendant is dissatisfied with the plaintiff on the ground that he himself is holding a separate testamentary document before his birth. Therefore, the deposit claim of this case is discussed.