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(영문) 대구지방법원 2016.04.21 2015가합202951
공정증서무효확인 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. All of the plaintiffs' primary claims are dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiffs are the successors of Nonparty A, who died on January 4, 2015, and the Defendant, as a son of AA, was in contact with AA and was close to that time. Nonparty AB was in office as the head of the National Bank AC branch of the National Bank (2007-201-201) and became aware of AA.

B. On July 15, 2011, at the office of Seocho-gu, Seocho-gu, Seoul, the Seocho-gu Office of Law Firm 1572-7, a testamentary document stating a testamentary gift of all the property AA owned by the Defendant (hereinafter “instant notarial deed”) was prepared under the presence of a witness AD and AE (No. 149, 201), and after reading by a notary public, AA and the said witnesses signed and sealed each of them.

C. Before the birth, AA had a deposit claim against the non-party national bank and a lease deposit claim against the non-party AF and AG. After the death of AA, a national bank deposited the above deposit amount of KRW 1,196,671,562 with the Seoul Central District Court on May 11, 2015, and deposited KRW 47,130,250,000 remaining after deducting all the overdue rent, etc. from the lease deposit under the Seoul Southern District Court Decision 2016Hun-Ba206, Feb. 19, 2016.

(hereinafter “each of the instant deposits”) D.

On the other hand, on February 11, 2015, the defendant filed a lawsuit against the National Bank, AF, and AG claiming the return of the deposit and lease deposit (Seoul Central District Court 2015Gahap511618). Since then, when the National Bank deposits the deposit amount, the defendant filed an application for modification of the purport of the claim and the cause of the claim to confirm that the plaintiffs were added as preliminary co-litigants and that the defendant has the right to claim the return of the deposit.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 6-2, Eul evidence 1-2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The defendant's judgment on the main defense of this case is in the lawsuit of this case.

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