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(영문) 대구지방법원 2016.02.18 2015나9439
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. Members of a mutual savings bank established on August 31, 200 in the name of the network C, the term deposit (Account Number D), 10,000,000 foot term deposit (Account Number E), 1,000,000 foot term deposit (Account Number F) with each maturity fixed on August 31, 2008. On November 20, 2007, the term deposit (Account Number F) with each maturity fixed on August 20, 2008 was set up on August 20, 200, and was opened on May 20, 208.

(hereinafter referred to as the “each of the instant deposits”). B.

The deceased C(hereinafter “the deceased”) died on November 16, 2007, and the Plaintiff, the Defendant, and the J jointly inherited his or her property.

C. On September 2, 2008, the Defendant terminated each of the instant deposits opened in the name of the Deceased in the member mutual savings bank, and withdrawn the total sum of KRW 45,372,191 as indicated below.

D 1. D 30,00,000 Won 1,73,011 Won 2 E 10,000,000 Won 522,707 Won 3F 3F 1,000,000 KRW 52,285 Won 4 G 2,000,000 KRW 64,198 KRW 45,372,191 KRW 45,372,191 KRW 45,000 KRW 64,198

2. Determination on this safety defense

A. The defendant asserts that the lawsuit in this case constitutes a claim for recovery of inheritance, and that the lawsuit in this case is unlawful, since it was filed after the exclusion period has expired.

B. On the premise that a lawsuit for recovery of inheritance falls under a lawsuit for recovery of inheritance 1, a person asserts that property rights, such as ownership or a right of share arising from the inheritance, such as ownership or a right of share, are attributed to his/her true heir with respect to the inheritance, and in cases where a person claims the return, etc. of the inherited property against some co-inheritors who only inherited the property, his/her title, heir or himself/herself shall claim that the ownership

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