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(영문) 수원지방법원 2018.12.19 2017가단516175
예금
Text

1. The Seoul Central District Court held on November 28, 2017 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the deceased G (the deceased on November 3, 2016, hereinafter “the deceased”) are married, and the Defendants and H are children under the chain.

B. Each account in the deceased’s name (hereinafter “instant account”) is opened in F Co., Ltd. as indicated in the separate account list. The amount of the deposit is KRW 91,236,222.

As disputes arise between the Plaintiff and the Defendants, who are the deceased’s inheritor, the said bank deposited KRW 91,236,222 as the Seoul Central District Court No. 25406, a deposit account of KRW 91,236,22 as the Plaintiff, the Defendants, and H as the deposit party.

[hereinafter] The deposit of this case (hereinafter “the deposit”).

On the other hand, the Plaintiff is an owner of each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 13, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion entrusted the name of the principal of the instant account to the Deceased, and terminated the title trust by serving a preparatory document as of April 30, 2018. Since the deposit of the said account should be reverted to the Plaintiff, the Plaintiff seeks confirmation that the right to claim payment of the instant deposit belongs to the Plaintiff.

B. As alleged by the Plaintiff, according to each of the statements in the evidence Nos. 4, 7, and 12 as to whether the Plaintiff entrusted the deceased with the name of the principal of the instant account, the Plaintiff’s seal appears to have been affixed to the passbook Nos. 1 and 3 of the separate account No. 209, Jan. 20, 2009, which was withdrawn by the Plaintiff from one’s F account (I) around January 20, 2009, and KRW 60 million, which was received by the Plaintiff, around February 17, 2009, and KRW 50,000,000 from one’s own F Account (J).

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