beta
Text
All of the plaintiffs' primary claims are dismissed.
Defendant 46,363,636 won, Plaintiff B, C, D, and E respectively. 30.
Reasons
1. Basic facts
A. The deceased G (hereinafter “the deceased”) died on May 29, 2019, and his/her heir had Plaintiff B, C, D, and E, the spouse of Plaintiff A, C, D, and E.
B. Before the decedent’s birth, the amount of KRW 1H (1H) 50,00,000 on September 29, 2018 on the withdrawal date of the account number deposit in cash, as indicated below, on September 15, 2018, as follows: (i) KRW 30,000,000 on September 15, 2017; and (ii) KRW 30,000 on March 12, 2018; and (iii) was withdrawn on May 12, 2018, in total, KRW 120,000,000 on May 21, 2018; and (iv) KRW 30,000,000 on May 21, 2018;
C. Around May 2018, the Deceased was diagnosed as a closed cancer and repeated discharge until the time of death. On behalf of the Plaintiffs who did not have any particular contact with the Deceased, the Defendant looked at the Deceased.
At the time of receiving the waste cancer diagnosis, the deceased leased and resided in Eunpyeong-gu Seoul Metropolitan Government K and 2 floor to KRW 145,000,000 (hereinafter “existing lease deposit”). However, on March 18, 2019, the deceased transferred a move-in report with the Defendant’s live-in report to the Eunpyeong-gu Seoul L and M (hereinafter “L domicile”) that was concluded on March 18, 201 under the name of the Defendant.
E. Of the existing lease deposit of the deceased, KRW 10,00,000, which was returned on February 1, 2019, was deposited out in cash from the bank account under the deceased’s name on February 8, 2019, and KRW 135,000,000, which was returned on March 12, 2019, was paid as part of the remainder of KRW 200,000,000, which was the lease deposit in the above L’s residence (hereinafter “L lease deposit”) concluded in the name of the Defendant on the same day.
F. At the time of the deceased’s death, there was no inherited property or inheritance obligation under the deceased’s name.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. Judgment as to the main claim
A. The defendant alleged by the plaintiff is a bank in the name of the deceased by taking advantage of the fact that the deceased's 4-year-old patient was unable to live and have a mental ability.