logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.13 2017가단38288
보관금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, D, and E are siblings, and the plaintiff is C's child, and the defendant is D's child.

The plaintiff was adopted on April 7, 2014 by adoption of E.

The deceased E (FFs, hereinafter referred to as "the deceased") died on March 8, 2017, and the heir is due to the Plaintiff.

B. From the post office account (Account Number G), the Deceased withdrawn KRW 1,500,000 on June 7, 2016, and KRW 1,500,000 on June 15, 2016, and KRW 129,000 on June 24, 2016, and deposited KRW 30,000 on each of the above accounts in the name of the Plaintiff on June 24, 2016.

C. On November 21, 2016, the Deceased terminated each of the above accounts in the name of the Plaintiff, and withdrawn KRW 28,052,160, out of KRW 30,000,000 deposited in the post office account, 28,052,160 as a cashier’s check on November 21, 2016 (e.g., face amount: KRW 28,052,160, check number K, place of issuance, and place of payment: Seoul Fail-dong Seoul Metropolitan Government Office of Science, ICT and Future Planning; hereinafter “instant check”).

On February 1, 2017, the Deceased withdrawn KRW 7,135,074 in cash from his own account (Account Number L), and KRW 25,000 in check, and issued the said cash, check, and check to the Defendant on the same day.

E. The Plaintiff filed an application for a public summons with Seoul Eastern District Court 2017KaGong59, and the Defendant rendered a decision not to grant the instant check upon reporting the right thereto during the procedure of the public summons.

On December 6, 2017, Korea deposited KRW 28,052,160 as the principal deposit (Seoul Central District Court No. 26088, hereinafter “instant deposit”) with the Plaintiff and the Defendant as the principal deposit on the grounds that it is difficult for Korea to understand the true holder of the check deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8, 11, Eul evidence Nos. 3, 9 and 12, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion shall deposit his own money into the plaintiff's account and have the defendant manage it.

arrow