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(영문) 울산지방법원 2016.11.30 2015가단3906
보관금
Text

1. The plaintiff and the defendant deliver to the independent party intervenor the articles listed in the attached list.

2...

Reasons

1. The JJ of Basic Facts died on December 13, 2014.

On December 18, 2014, the Ulsan Central Police Station handed over to the defendant the articles listed in the [Attachment List owned by the J (hereinafter “instant articles”) on the ground that the J’s relative cannot be known.

The defendant is keeping the article of this case in custody.

Plaintiff, K, Intervenor B, C, and D are children of L and M on the family register.

Intervenor E, F, G, H, and I are children of K on January 9, 2006.

The date of birth of J under the Certified Copy of Family Register is "O" and the permanent domicile is "Seoul-gun P, and the date of birth of N is " Q" and "Ulsan-gu R, Ulsan-gu."

[Ground of recognition] Facts without dispute, Gap 6 evidence, Eul 1, 5 evidence, Byung 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Intervenor’s death are the same as N and the Intervenor, and the Plaintiff and the Intervenor are N’s successors and the Intervenor’s successors.

Therefore, the Defendant is obligated to deliver N’s instant goods to the Plaintiff and the Intervenor, who is the inheritor of N.

(Preliminary Claim by Intervenor). Since the Intervenor succeeded to N’s claim against N’s Defendant, the Intervenor is obligated to pay to the Intervenor the same amount as the entries in the primary claim, calculated in accordance with the Intervenor’s inheritance shares.

(b) The intervenor's primary assertion;

The Defendant’s assertion that the Plaintiff and N cannot be regarded as the same person, and even if the same person exists, the Plaintiff and the Intervenor cannot be the heir of J, and the Intervenor’s assertion to the effect that it is unreasonable.

3. Determination

A. In light of the following circumstances, as to whether J and N are the same person, it is reasonable to view J and N as the same person in view of Gap evidence 2, Gap evidence 3-1, 2, 7, Gap evidence 9-3, 4, 5, Eul evidence 15, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 2-7, and the overall purport of oral argument.

1 The J shall be free from this Court on November 23, 2005.

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