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(영문) 창원지방법원진주지원 2019.06.27 2019가단30873
공탁금 출급청구권 확인
Text

1. On October 31, 2018, a non-party FF association deposited with the Changwon District Court Jinju Branch of 2018 by the Geumwon District Court No. 1429, Oct. 31, 2017, among KRW 63,076,837.

Reasons

1. Facts of recognition;

A. Nonparty G, as a member of the FF association (hereinafter “F association”), had a deposit and investment claim amounting to KRW 74,89,898 against the FF association.

B. G died on September 11, 2017, and the heir is the Plaintiff, the spouse, and Nonparty H and the Defendants, the spouse.

C. On October 31, 2018, the reason why the FF Union is not clearly aware of inheritance shares, the Plaintiff filed a lawsuit against the FF Association for payment of deposit income and concluded conciliation on January 9, 2019 (the Changwon District Court Jinwon District Court Decision 2018Ga38863), Defendant B, C, and D filed a lawsuit against Defendant E for the return of legal reserve of inheritance, and currently the pleadings are in progress.

(J) Jinwon District Court Jinwon Branch 2018Kadan32414). The Plaintiff and the Defendants were designated as the principal deposit, and deposited KRW 63,076,837 of Changwon District Court Jinju Branch 1429 in 2018.

(F) The FF deposited the remainder of KRW 63,076,837, except for KRW 11,523,061 and KRW 300,000,000, which correspond to two-thirds of the H’s inheritance shares.

[Grounds for recognition] Gap 1 to 6, the purport of the whole argument

2. Determination on the cause of the claim

A. 1) When calculating the statutory inheritance portion of G’s heir pursuant to Articles 1000 and 1009 of the Civil Act, the Plaintiff, who is the spouse, becomes 3/13 of the Plaintiff, and five of the Nonparty H and the Defendants, etc., who are their children, are 2/13 of the Plaintiff, respectively. 2) In a case where a claim, such as a monetary claim, is jointly inherited, the content of the performance is divided and reverted to co-inheritors according to the statutory inheritance at the time of the commencement of the inheritance, as a matter of principle, it cannot be subject to division of inherited property

(See Supreme Court Order 2014SY122 Decided May 4, 2016). In light of the aforementioned legal principles, G’s claims, such as deposits, against the FF association, shall be divided into legal shares in inheritance and reverted to the Plaintiff. The instant deposit money deposited by the FF association against the Plaintiff and the Defendants.

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