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(영문) 수원지방법원 2015.05.28 2015가단11409
상속예금분할
Text

1. The defendant shall pay to each of the plaintiffs 28,452,679 won and 20% per annum from March 28, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) had seven deposit claims (hereinafter “instant deposit claims”) as indicated in the attached Form of Inheritance Deposit Claim against the Defendant, as well as all of the deposit claims (hereinafter “the instant deposit claims”) on February 12, 2014.

On March 2, 2015, the balance of each of the above deposit claims is KRW 199,168,753.

B. At the time of the deceased’s death, there are the Plaintiffs, Nonparty E, F, G, and H (I, children of the deceased, died on December 1, 1997, and H inherited as the deceased’s children, and the above inheritors inherited the deceased’s property in proportion to 1/7 shares, respectively.

C. The inheritor did not reach an agreement on the division of inherited property.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), and the purport of whole pleadings

2. Determination

A. According to the facts acknowledged earlier, the instant deposit claim was inherited to the deceased’s heir due to the death of the deceased, and its maturity reaches March 12, 2014, and the Defendant is obligated to pay this according to the Plaintiffs’ inheritance shares (each 1/7).

(In the case of a claim with unpaid maturity at the time of the conclusion of pleadings, the defendant is disputing his payment obligations, and thus there is a benefit in the future.

As to this, the defendant asserts that it cannot respond to the claim of this case on the ground that it is difficult to confirm the plaintiffs' share of inheritance due to the lack of a written agreement on division between inheritors to know the details of division of the inherited property or a written adjudication on division of the family court. There is such circumstance as above.

Even if the defendant still bears the duty to return the deposit claim of this case to the plaintiffs, who are the inheritor of the deceased, according to their legal inheritance shares, and it is difficult to view the above circumstances cited by the defendant as justifiable grounds for refusing to return the deposit claim of this case.

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