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1. Of the judgment of the first instance on the principal lawsuit, the part against the Defendant (Counterclaim Plaintiff) shall be revoked and that part shall be revoked.
Reasons
1. The basic facts of the claim (1) Plaintiff (KW, Women), and Nonparty G (LW, Death on November 3, 2016) are married with each other, and the Defendants and H are children under the chain.
The Plaintiff’s share of inheritance due to the death of G is 3/13 for the Plaintiff, and the Defendants and H’s share of inheritance are 2/13 for each of them.
(2) Each account in the name of G (hereinafter “instant account”) is opened in F Co., Ltd., as indicated in the separate account list, and the total sum of the deposits is KRW 91,236,222.
As disputes arise between the Plaintiff and the Defendants, the heir of G, regarding the ownership of the said deposit claim, F deposited KRW 91,236,222 as the Seoul Central District Court No. 25406 in 2017 as the Plaintiff, the Defendants, and H as the depositee, and deposited as to whether relative creditors are unknown.
(3) G has been operating a business entity, such as a stock company, etc. (hereinafter referred to as "business entity"), which is engaged in textile manufacturing and sales business, etc. (hereinafter referred to as "business entity") from the beginning of the 2000s, and the Plaintiff did not have any particular occupation or obtain any separate income in addition to domestic affairs.
The money, which the G operated, was kept in the account in the name of G or the Plaintiff. Among them, around January 20, 2009, the amount of KRW 60 million deposited in the bank account in the Plaintiff’s name and KRW 50 million deposited in the bank account in the name of the Plaintiff, and around February 17, 2009, the amount of money equivalent to KRW 110 million deposited in the bank account in the name of the Plaintiff, which was received after cancelling the bank account in the Plaintiff’s name, was deposited in the account in the name of G, and thereafter deposited in the instant account through several deposit accounts.
(A) Some of them were withdrawn in the middle or deposited into another financial product account. In addition, among the instant accounts, the deposit account holder on the cover of passbook Nos. 2 (M) in the separate account is G, but the Plaintiff’s seal is stamped.
(4) On the other hand, the instant real estate to Nonparty N, who was an employee of G, after the G completed the registration of ownership in the 1960s.