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(영문) 서울동부지방법원 2018.04.20 2016가합3544
예금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, B, C, and D are children of net E (Death on December 9, 2014) and net F (Death on June 28, 2016).

B. As of January 13, 2017, the Defendant deposited the deposits of the deceased E and the deceased F (hereinafter “instant deposits”) as follows.

1) The net E’s account account account balance of KRW 1,33,408 H Savings Deposit of KRW 2,640,066,00 J Time deposit of KRW 29,517,987 in total of KRW 63,491,461 KRW 2) the netF’s account account number balance of KRW 50,794,80 in L Savings Deposit of KRW 81,637,200 in total of KRW 149,597,923 in KRW 282,029,929,929 in total

C. The Plaintiff requested the Defendant to pay the amount equivalent to his statutory share of shares out of the instant deposit.

While the defendant confirmed the intention of other co-inheritors, he received an objection against the equal installment payment of the inherited property from B.

According to the entry of Eul evidence Nos. 3 (B), although Eul sent a content-certified postal item to the defendant on or around March 28, 2017, it seems that Eul made an oral request to prohibit the installment payment of the deposit of this case to the defendant.

On March 23, 2017, the Defendant deposited KRW 66,03,782 of the deceased E’s deposit and KRW 282,023,314 of the net F’s deposit on the ground that it is difficult to understand the share of inheritance due to the dispute of the deposited parties, based on Article 487 of the Civil Act, with the deposited parties as Plaintiff, A, C, and D, respectively.

(hereinafter referred to as “the deposit of this case”). 【No dispute exists, Gap evidence Nos. 1 through 10 (including numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The parties' assertion

A. In a case where Plaintiff 1’s deposit claim is jointly inherited, it is divided and reverted to co-inheritors according to the statutory share of inheritance at the time of commencing the inheritance, and thus, it cannot be the subject of division of inherited property.

The plaintiff is the heir of the deceased E and the deceased F, and the legal share of inheritance is 1/4.

Therefore, the defendant is the plaintiff among the deposits of this case.

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