beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. D (hereinafter “the deceased”) died on April 29, 2017, and the heir is the Plaintiff, E, F, and G, a child.
B. On May 13, 2016, the Deceased deposited KRW 30,000,00 with the Defendant’s regular deposit (hereinafter “the instant deposit”) and E requested the Defendant to pay KRW 15,000,000 out of the deposit amount as the hospital expenses of the Deceased need to be incurred. The Defendant accepted the E’s request on April 18, 2017, and paid KRW 15,000,000 to E.
C. After the death of the deceased, the Plaintiff visited the Defendant several times, and requested the payment of the deposit amount according to the Plaintiff’s share of inheritance. The Defendant refused payment from among the co-inheritors on the ground that E did not consent to withdrawal of the remaining inheritors, and the Plaintiff, G, and F, a co-inheritors, other than E, sent a written notification stating that “the deposit amount according to the share of inheritance would be terminated” to the Defendant by means of certified mail as of October 12, 2017. Unless otherwise, the Defendant would file a civil lawsuit and claim for damages for delay (hereinafter “instant notification”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 (including paper numbers), the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination of the cause of the claim, the Plaintiff succeeded at least 1/4 shares of the deceased’s property, barring any special circumstance. Thus, according to Article 1005 of the Civil Act, an inheritor succeeds to the comprehensive rights and obligations regarding the property of the inheritee from the time of commencement of inheritance. In a case where a divisible claim, such as a monetary claim, is jointly inherited, in principle, it shall be divided into and reverted to the co-inheritors according to the statutory share of inheritance at the time of commencement of inheritance. Supreme Court Decisions 2014SS8809 Decided May 4, 2016; 97Da809 Decided June 24, 1997.