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Reasons
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(영문) 광주지방법원 2018.02.06 2017가단1108
예탁금반환
Text

1. The defendant,

A. 12,857,142 won and 12,857,143 won and 12,857,143 won and each of them to Plaintiff (Appointed Party) A.

Reasons

1. Basic facts

A. C A. On February 8, 2013, the deceased (hereinafter “the deceased”), the Plaintiff (the appointed party; hereinafter “Plaintiff”), the designated parties, and the Intervenor are all the deceased’s children.

B. On February 16, 2012, KRW 90 million was deposited to the Defendant under the name of the Deceased (hereinafter “the instant deposit”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The principal lawsuit on the cause of the claim and the lawsuit filed by an independent party intervention shall be deemed to be filed together;

A. 1) The plaintiff and the designated parties are the deceased's children, and the claims of this case are claims of the deceased. As such, the plaintiff and the designated parties seek payment of the amount of money according to the inheritance shares among the deposits of this case to the defendant. 2) The intervenor is the intervenor, the obligee against the deposit of this case is also the intervenor, and the obligee against the plaintiff was also the intervenor in the previous lawsuit (Seoul District Court 2013Gahap1565) that had been between the plaintiff and the intervenor. In determining the plaintiff's inherited property in the plaintiff's preliminary claim for legal reserve of inheritance, the plaintiff's claim for the deposit of this case is all recognized as the plaintiff's property, not inherited property, and it is written in the record that there is no dispute. Thus, the intervenor sought payment of the entire deposit

B. In order to view the contributor, etc. who is not the deposit title holder as the party to the deposit contract even though the real name verification procedure of the deposit title holder was conducted according to the intent of the deposit title holder, and the deposit title holder was prepared as the deposit title holder, the intention is to deny the deposit contract with the financial institution, contributor, etc., which was made in writing through the real name verification procedure, to exclude the right to claim the deposit from the deposit title holder, and to vest the right to claim

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