양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On November 7, 2011, A’s father A, died while holding the instant deposit (i.e., account number F deposit, (ii) account number D deposit, (iii account number E) in the Defendant Bank.
The heir, including A, succeeded to the claim for the return of the deposit in this case against the deceased bank, but as the heir disputes over the special profit and loss between the heir, a divided trial was conducted on the inherited property including the claim for the return of the deposit in this case from January 2, 2012.
B. On April 23, 2013, while a trial on division of the Plaintiff’s claim acquisition and inheritance property, A transferred to the Plaintiff the claim for the return of deposit worth KRW 300 million out of the amount corresponding to inheritance shares or legal reserve owned by the heir with respect to the instant claim for the return of deposit in this case (hereinafter “transfer of claim in this case”), and notified the Defendant bank of the same day.
C. On June 30, 2016, the Defendant Bank deposited the Defendant Bank’s deposit at the Seoul Central District Court No. 15093 and KRW 5,005,328,656, which is the instant deposit.
A deposit for repayment made by the deceased heir B as the beneficiary on the ground that there is a dispute over the shares of inheritance between the deceased heir, and the execution deposit made by the obligees (G, H, and I) of A on the ground that the obligees (G, H, and I) received the claim attachment and collection order against the shares of A out of the claim for the refund of the deposit of this case.
When A’s creditors’ attachment and collection order were served on the Defendant bank, the instant assignment of claims was notified to the Defendant bank, but the Defendant bank did not include the Plaintiff in the deposited person.
On May 23, 2017, the Seoul High Court 2016B9, 10, and 11 determined the heir's specific share of inheritance in the inherited property division trial on May 23, 2017, "in the division method," deposited in the account number F deposit after the deposit transfer claim and deposit.