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1. On March 26, 2015, the Republic of Korea deposited by the Daejeon District Court No. 1359 for the year 2015 8,481,240 won among the 59,368,680 won.
Reasons
1. Presumed facts
A. The deceased JJ (hereinafter “the deceased”) died on July 30, 2014 between the Appointor E. The deceased’s child was born and died on October 3, 1969. The deceased’s child had F, G, H, I, I, Plaintiff (Appointed Party (hereinafter “Plaintiff”) A, Defendants, K, and L (hereinafter “Plaintiff”). Among them, L was born and died on October 3, 1969.
B. The Deceased deposited KRW 59,368,680 against the Republic of Korea (post office) (hereinafter “instant deposit claim”), but the Republic of Korea deposited the deposited amount with the Daejeon District Court No. 1359 in 2015, with the intent that the heir cannot be accurately known.
【Defendant B: Each entry in the evidence of Nos. 2 through 5, the purport of the whole pleadings, as to Defendant C and D: Confession
2. According to the above facts of determination as to the cause of the claim, since the deceased’s heir is nine persons, excluding the deceased’s death L, who are the deceased’s spouse E and the deceased’s children, the deceased’s heir’s heir E is 2/21, 21, 3/21, 200, G, H, I, the Plaintiff, the Defendants, and K’s inheritance shares.
Therefore, the deceased’s deposit claim of this case was inherited to E in 8,481,240 won (i.e., 59,368,680 won x 3/21 x 3/21), 5,654,160 won (= 59,368,680 x 2/21 x 2/21) based on each inheritance share. As such, the deceased’s deposit claim of this case was inherited to E in 59,368,68,680 won deposited by the Daejeon District Court No. 1359 on March 26, 2015 by the Republic of Korea, 8,481,240 won among 59,368,68,240 won deposited by E, 5,645,160 won, respectively, the designated party, G, H, and the Plaintiff respectively.
In addition, in the case of the deposit for repayment on the ground of the relative uncertainty of the creditor under the latter part of Article 487 of the Civil Act, one of the deposited parties may file a claim for the withdrawal of deposited goods by submitting a written consent of the other deposited parties or a final and conclusive judgment in favor of the other deposited parties to confirm the claim for withdrawal of deposited goods. Thus, the plaintiff shall file the lawsuit