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(영문) 서울동부지방법원 2015.11.11 2013가합105593
보관금반환 등
Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 12,026,630 and each of the above amounts, from October 11, 2013 to November 11, 2015.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and the F are children born between G and H.

B. H (hereinafter “the deceased”) died on September 3, 2012, and at the time of death, a total of KRW 688,824,930 was deposited in the account in the name of the deceased (hereinafter “instant deposit”).

C. Meanwhile, around 2008 to 2009, G received KRW 1,367,765,862 from the Korea Land Corporation as land expropriation compensation, and deposited KRW 500 million from September 29, 2008 into three new accounts in the deceased’s name. Of the instant deposits, KRW 59,158,714 in the amount including the above KRW 59,158,714 and its interest, and the remainder of KRW 89,66,216,216 was the money that the deceased opened several accounts and deposited in Busan AFF from January 9, 1990.

On February 25, 2013, both the Plaintiffs and the Defendant withdrawn 688,824,930 won of the instant deposit, and deposited 688,824,930 won of the instant deposit with the Plaintiff and the Defendant’s respective seals, jointly, by opening an account in the name of the Defendant in the inserted Agricultural Cooperatives, and deposited 688,824,930 won of the said deposit with the said account.

E. The Defendant withdrawn total of KRW 692,923,410 (including interest accrued until June 24, 2013), KRW 50 million on May 2, 2013, KRW 24.5 billion on May 24, 2013, and KRW 142,923,40 on June 24, 2013, and withdrawn total of KRW 692,923,410 (including interest accrued until June 24, 2013).

【In the absence of dispute, Gap's evidence Nos. 1, 2, 6 through 9, 12, Eul's evidence Nos. 1, 4, 8, and 9 (including the number number; hereinafter the same shall apply), witness G's testimony, inquiry and reply to Korea's land construction in this court, the purport of the whole pleadings as a whole.

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs asserted that they deposited the instant deposits jointly inherited by the Plaintiffs, the Defendants, F, and G into the account in the name of the Defendant, and deposited them into the account in the name of the Defendant. Since the Defendant did not distribute them to the Plaintiffs and used them in full, the Plaintiffs’ respective inheritance shares of KRW 92,92,923,401, which amounted to 2/15 of the Plaintiffs’ respective inheritance shares, are 92,389,786.

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