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(영문) 대전지방법원 2015.12.16 2015가합101218
예금
Text

1. The defendant's executor Eul 310,105,896 won, plaintiff C, D, and E respectively, and each of the above costs.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) A (hereinafter “the deceased”).

(F) On September 1, 2014, the executor B of the will of the Plaintiff and the deceased (hereinafter “Plaintiff B”).

In the presence of the executor, the author tried to designate the Plaintiff B as the executor, and to seek a testamentary gift with the following contents. The notary public G sculpted and read it, and the deceased and the witnesses (F and the Plaintiff B) were made by a notarial deed after recognizing the accuracy thereof. The will was made by signing and sealing each of the signatures and seals. The content of the will (investment Trust, etc.):

1. The H savings deposit account holder on the copy of the deposit passbook (one bank) account number was bequeathed to C 1/3 of the above savings deposit, which is the principal’s ownership, and 1/3 of the donee D, and the donee E respectively;

2) The Deceased died on September 4, 2014, and the Plaintiff C, D, E, and Non-Party I jointly inherited the deceased’s property 1/4. 3) The Defendant’s deposit account (Account Number H; hereinafter “instant account”) in the name of the Deceased was deposited in KRW 310,105,896 as of September 1, 2015, and KRW 312,963,757 as of January 1, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. According to the above findings of determination, the Defendant: (a) as of January 1, 2015 (as of January 1, 2015, the point at which the aforementioned Plaintiffs seek inheritance) KRW 2,857,861 (=312,963,757-310,105,861) (as of January 1, 2015, as of February 17, 2015, KRW 710,865 (as of January 1, 2015, as of February 1, 2015, KRW 714,465 (as of January 2, 857,861 x statutory inheritance x 1/4) and each of the above amounts are statutory shares of the deceased; (b) as of February 17, 2015 through September 30, 2015, the day following the delivery of a copy of the complaint of this case; and (c) main text of Article 31(1) of the former Act concerning the promotion of litigation.

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