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(영문) 수원지방법원 2020.06.12 2019가단530298

보관금반환청구의소

Text

1. The part of the plaintiff's main claim against the defendants is dismissed.

2. The Plaintiff:

A. Defendant B shall be the 636.

Reasons

1. Facts of recognition;

A. From around 1967, the Plaintiff resided with the deceased Y (hereinafter “the deceased”), and around that time, the Plaintiff lived with the deceased until March 5, 2019.

B. The Plaintiff’s income was the Plaintiff’s living together with the Deceased, and during that process, deposited the Plaintiff’s income into each account listed in the list (attached Form 1) and managed it.

C. The balance of the money deposited by the Plaintiff to the account in the name of the Deceased as above is 31,823,086 won in total (=17,507,493 won (Z Association, Account Number: AA), 7,893,086 won (Z Association, Account Number: AB), 6,422,507 won (AC Bank, Account Number: AD) as stated in the corresponding column for each account listed in the list.

1) Meanwhile, the Deceased died on March 5, 2019 when his/her unmarried lineal ascendant died. The Deceased died as his/her sibling, AE (Death on August 10, 2007), AF (Death on August 31, 2003), AG (Death on May 21, 2017), AH (Death on September 4, 197), the AI (Death on February 4, 1943), the Defendant S and T. 2) between AJ (Death on February 18, 1989) and AJ (Death on February 18, 1967), AK (Death on January 11, 1967), AL (Death on April 19, 201), AM (Death on April 19, 201), and AE died.

AL was adopted by Defendant C, D, E, F, G, and H as a child between Defendant B, the spouse, and Defendant D was adopted by both AE and AJ.

3) AF had Defendant I, J, K, L, M, and N as his child between the spouse and the child (Death on August 30, 1987). 4) AG had his spouse U (Death on June 12, 1996), DefendantO, P, Q, and R as his child.

On the other hand, U died on July 8, 2019 after the filing of the instant lawsuit, and U taken over the lawsuit against U by Defendant V, Defendant W and X, who is his spouse.

5) The shares of the Defendants’ inheritance to the Deceased are as indicated in [Attachment 2] respective corresponding parts of the shares of inheritance [Attachment 2]. [The fact that there is no dispute over Defendant C, J, and T: Defendant C, Q, and U’s lawsuit acceptance based on recognition-based P, Q, and U: A.