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(영문) 서울고등법원 2016.07.07 2016나2004400
예금지급청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a dismissal as stated in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence

2. In full view of these circumstances, the deposit of this case is valid as a deposit for repayment in the latter part of Article 487 of the Civil Code, considering the following facts of the judgment of the court of first instance No. 6 of the judgment of the court of first instance.

According to each statement of evidence Nos. 19 through 22 (including each number), it is recognized that the co-inheritors of this case, including the plaintiffs, filed a claim for the withdrawal of part of the deposit money of this case on two occasions on November 30, 2015 and around December 3, 2015, and thereafter paid it around that time. In light of the grounds for the payment deposit of this case asserted by the defendant, the fact that it is unclear how the deposit money of this case partially paid out belongs to the co-inheritors of this case, and the nature of the creditor's non-creditors' deposit, etc., it is reasonable to deem that the plaintiffs cannot dispute the validity of the payment deposit of this case. (The same applies even if the remaining co-inheritors except theO of the co-inheritors of this case reserved their objection and filed a claim for withdrawal.

Therefore, considering these circumstances, the repayment deposit of this case is valid as a deposit in the latter part of Article 487 of the Civil Act.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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