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(영문) 전주지방법원군산지원 2016.06.21 2014가단13681
예금출금동의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant holds each account in the attached list to the D Bank.

Attached Form

A list 2 account is an account with KRW 30 million deposited as a term deposit from July 18, 201 to July 18, 2012. Paragraph 3 of the attached list is an account with KRW 3 million deposited as a term deposit during the aforesaid period. The attached list 5 account is an account with KRW 3 million from March 17, 201 to March 17, 201.

The total amount of KRW 36 million deposited in the above three accounts is the amount deposited according to the Defendant’s contribution of the deceased E (hereinafter “the deceased”).

Attached Form

In the case of the account listed in paragraphs 1 and 4 of the List (attached Form No. 1 and the account listed in paragraph 4 of the Attached Table No. 4 are the same account with the same account number), the Defendant deposited at the maturity of four months on March 16, 2010, with the maturity of four months. However, the Defendant withdrawn KRW 5 million on April 16, 2010, and the amount of KRW 10 million on April 29, 2010, on the ground that it was divided, and the remaining principal and its interest were withdrawn on July 16, 2010.

Therefore, there is no deposit in the current account.

On February 28, 2012, the Deceased died, and accordingly, F and G (the Defendant’s son’s son) succeeded to the Deceased, the spouse of the Deceased, and F and G (the deceased’s son’s son).

[Based on the premise that there is no dispute, Gap evidence 1-3, 8, 9, Gap evidence 2-4, Gap evidence 4-1, 2-5-1, 5-5, Gap evidence 6-1, and 6-2, the plaintiff's assertion that the deceased may receive interest at a higher interest rate if he deposits in the defendant's name. The plaintiff's own property was deposited in each account listed in the attached list in the defendant's name.

In other words, each account listed in the attached list is merely title trust to the defendant as the account of the deceased.

The deposit deposited in the above account due to the death of the deceased shall be against the plaintiff, F, and G, who is the inheritor of the deceased.

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