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(영문) 전주지방법원남원지원 2020.10.21 2020가단637
유증재산 확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 27, 2015, E entered into an installment savings contract (F installment savings) with the Defendant for 12 months during the contract period (the maturity date April 27, 2016), and deposited KRW 15 million to the Defendant under the said contract.

(Account Number G, hereinafter “instant first deposit”). The said contract was terminated on April 28, 2016, and E concluded an installment savings contract (F installment savings) again with the Defendant on the same day, and deposited KRW 15 million to the Defendant.

E repeated termination and recontracts on a yearly basis, and the part of the KRW 5 million was terminated and withdrawn on October 22, 2018, and the remainder was terminated on May 31, 2019.

E, May 31, 2019, entered into a H contract with the Defendant for the last 12 months of the contract term (the maturity date May 31, 2020), and deposited KRW 10 million to the Defendant under the said contract.

(Account Number I, hereinafter referred to as “instant deposit”). (b)

On January 7, 2020, E made a testamentary gift with the same content as the notarial deed No. 24, 2020 (hereinafter referred to as the “notarial deed of this case”) by a notary public who belongs to the J, to a notary public who has made a testament of "a testament of a claim for deposit against the Plaintiff, including the first deposit claim of this case, to the Plaintiff," and signed and sealed E, witness B and L on the said testamentary deed.

(hereinafter “instant will”). C.

E died on January 21, 2020

(hereinafter referred to as “the network”). [Grounds for recognition] without dispute, entry of Gap 1-3 evidence, the purport of the whole pleadings

2. The Deceased’s summary of the cause of the Plaintiff’s claim made the instant will to the effect that “the first deposit claim of this case, other than the instant deposit claim, shall be bequeathed to the Plaintiff.” However, at the time, the first deposit claim of this case was terminated and did not exist. At the time, the Deceased made six deposit passbooks at the time of the instant will, and both the deposit claims were bequeathed. The first deposit claim of this case was entered in one passbook with the instant deposit claim through termination of maturity and redeposit.

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