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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
3...
Reasons
1. Basic facts ① The Plaintiff is the spouse of the deceased E (the deceased on November 5, 2015, hereinafter “the deceased”). The Defendant, F, and the Plaintiffs are children between the Deceased and the Plaintiff.
② At the time of death, the Deceased had a deposit claim of KRW 683,452,785 in total.
On March 22, 2016, the Plaintiffs and the Defendant filed a lawsuit against the Industrial Bank of Korea seeking the return of the said deposit. On June 8, 2016, a ruling of recommending reconciliation was finalized with the purport that “the Plaintiff shall pay KRW 189,637,580, and KRW 126,425,05,05, respectively, to the Plaintiff and the Defendant, according to the respective inheritance shares.”
③ Meanwhile, the registration of ownership transfer was completed in the name of the Defendant, the president of the deceased, on each real estate listed in the separate sheet before the deceased’s birth (hereinafter “instant real estate”).
④ On March 25, 2016, the date of Plaintiff A’s appointment as the JJ of Yeongdeungpo-gu Seoul, the Plaintiffs and the Defendant’s wife K were gathered in the Plaintiff’s new house.
Plaintiff
B and C in their own name, K has written their respective notes on behalf of the defendant in the name of the defendant.
All of the above books are the same contents that the deposit of the deceased's respective inherited property shall be transferred to the plaintiff A, and the real estate of this case shall be distributed according to the inheritance ratio, and the plaintiff shall be promised to pay 300,000 won of living expenses each month to the plaintiff A.
In each letter prepared by K in the name of the defendant (hereinafter referred to as “each letter of this case”), K entered the above contents and affixed the defendant’s seal on the side of the defendant’s name. On the following day, the plaintiff A requested K to affix the agent’s seal to the letter of this case and affixed it to the agent’s seal.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including the number of each branch), the purport of the whole pleadings
2. The parties' assertion
A. Each of the plaintiffs' arguments in this case is the deposit in the name of the deceased.