예금반환등 청구의 소
1. The plaintiffs' lawsuits against the defendant Republic of Korea are dismissed.
2. The plaintiffs' new banks and our banks.
1. On September 11, 2007, Plaintiff G, H, and I died without any lineal descendant. Plaintiff G, H, and I are the type of the network K, and Plaintiff A, the network L, and Plaintiff J are different types of punishment from the father of the network K. The network L died on November 2, 2010, and Plaintiff M, D, E, and F, the wife of Plaintiff B, and children, succeeded to the network L, and the Plaintiffs acquired the ownership of the property of the network K according to the inheritance ratio as the heir of the network K.
Therefore, the Plaintiffs seek the return of the network K’s deposit claim against Defendant New Bank and Korea Bank, and seek confirmation of the status of the Plaintiffs’ co-ownership of the real estate stated in the attached list registered in the name of the network K against Defendant Republic of Korea.
2. We examine whether there is a benefit of confirmation in this part of the lawsuit regarding the legitimacy of the lawsuit against the defendant in Korea.
In a lawsuit concerning inherited property, the existence of an inheritor is unclear, in principle, a legitimate defendant is an administrator of inherited property appointed by a court.
In other words, after appointing an administrator of inherited property according to the relevant procedure, the plaintiffs can report that the administrator of inherited property is an heir and prevent the reversion of inherited property to the state. If the administrator of inherited property does not recognize the plaintiffs as a true heir, the plaintiffs can file a lawsuit claiming the delivery of inherited property against the administrator
According to the records of this case, the plaintiff A filed an application for the appointment of administrator of inherited property with the Seoul Family Court 2007Ra10039, and the above court can recognize the appointment of N as administrator of inherited property of NN on August 21, 2008.
Therefore, the plaintiffs may file a lawsuit against the above administrator of inherited property on the real estate stated in the separate sheet, and it is the most effective and appropriate means to resolve the dispute. Therefore, the plaintiffs' lawsuit against the defendant Republic of Korea is unlawful as there is no benefit of confirmation.
3. The Defendant New Bank;