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(영문) 서울고등법원 2018.10.19 2018나2021652
예금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff’s status 1) The deceased B and the deceased were married, and the deceased was deceased on February 13, 2015, and on March 21, 2017, the deceased died on March 21, 2017. 2) The deceased’s child D, E, netF (Death on December 14, 2014), G, H, and the Plaintiff.

B. The account details in the name of the deceased and the Defendant’s refusal to pay deposits to the Defendant’s inheritors (1) are as listed in the following table (the number is specified when specifying each account, and each deposit and deposit claim are referred to as “each of the instant deposits and deposit claims,” etc.

6. 5: (6) Evidence No. 20,611,682 No. 11, 682, 20, 250 won No. 258; 6. 6. 15; 6. 6. 15; 6. 5. 15; 6. 6. 5. 5. 6. 15; 6. 15. 6. 25. 3 K (3) evidence No. 28 (3) evidence No. 10, 15, 073 No. 4-28; 4. 4. 4. 15. 1. 15. 1. 20, 2018; 6. 5. 25. 5. 1. 5. 1. 5. 1. 205

(2) Each of the instant deposits is an ordinary deposit in which money is freely deposited and withdrawn. (2) Some of the inheritors, including the Plaintiff, demanded the Defendant to return the deceased’s deposits individually after the deceased’s death by inheritance share. However, the Defendant refused payment on the ground that there was no consent of all co-inheritors or consultation on the division of inherited property.

C. The heir’s filing of a lawsuit and filing of a conciliation application 1) E residing in the U.S. as a U.S. citizen with the U.S., is a statutory inheritance portion (614.6.) on September 18, 2017 on the ground that he/she succeeded to the deposit deposited in the account by the Seoul Central District Court No. 2017Gahap33426 against the defendant.

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