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(영문) 서울고등법원 2017.08.22 2017나2015216

신탁금 반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the court renders a dismissal as set forth in the following (2). Thus, the court cites this case by the main sentence of Article 420 of the Civil Procedure Act.

2. As for the part after completion, “However, it is difficult to obtain explanation from the co-inheritors that they agreed to distribute the funds and shares owned by the deceased immediately, but at the same time there was no agreement among the co-inheritors to distribute the above deposits later. In light of the fact that the above deposits of the deceased as co-inheritors and the Plaintiff’s co-inheritors and the Plaintiff’s same-class co-inheritors, as the Defendant’s ownership, are stated to the effect that there was no agreement among the co-inheritors to distribute them (Evidence B No. 1). In light of the above facts acknowledged and the record of evidence No. 2, and the result of each party examination against the Plaintiff and the Defendant, it is insufficient to recognize that the above deposits were jointly inherited by the Plaintiff, Defendant D, or E, or that the trust or the deposit contract was concluded on the amount equivalent to the Plaintiff’s shares among

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit.