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(영문) 의정부지방법원 2014.08.26 2014가단314
예금반환 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) was a child between Nonparty C and D, E, F, Nonparty G, H, and Defendant B. However, G died due to his death on January 12, 191, and H succeeded to H’s property as the sole inheritor.

B. Nonparty D died on October 26, 199, and Nonparty C died on June 25, 2007, respectively.

C. On February 7, 2007, Defendant B made a deposit in the attached list in the name of the network C to Defendant Chuncheon Livestock Cooperative (hereinafter “Defendant Livestock Cooperative”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. Since the Plaintiff, etc.’s claim for return of deposits deposited in the account indicated in the separate sheet against the Plaintiff, etc. is the net C’s inherited property, the Plaintiff, etc. has the right to claim return according to their inherited portion, and thus, the Plaintiff, etc. sought the return against the Defendant Livestock Cooperatives and sought the consent

B. Determination 1) In a case where a deposit contract is concluded through a real name verification procedure under the Act on Real Name Financial Transactions and Confidentiality and the fact is clearly indicated in the real name verification statement, etc., it would normally be reasonable to interpret that the deposit title holder, the actor, and the intent of a financial institution representing him/her as the deposit owner in the deposit contract is to be the party to the deposit contract, and it would be reasonable to clarify the legal relationship as to the party to the deposit contract. However, in a case where there is a clear agreement between a financial institution and a contributor, etc. that excludes the right to claim the deposit of the deposit title holder and executes the deposit contract with the contributor, etc. to vest the right to claim the deposit in the deposit, the contributor, etc., other than the deposit title holder, is the party to the deposit contract (see Supreme Court en banc Decision 2008Da45828,

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