(hereinafter “the deceased”). Around January 2013, the deceased received KRW 50 million from the Plaintiff. Around the same day, the deceased agreed with the Plaintiff to return the money if he/she fails to obtain the permission by October 31, 2013, to the Plaintiff, by changing the land category of the land in the Yongsan-gu Incheon Metropolitan City E-type into the site for agricultural storage.

However, the deceased did not obtain a building permit that was promised with the Plaintiff even if he received five million won or more.

The Defendants, the inheritor of the deceased, were tried to grant a special inheritance approval on December 1, 2014 by the Jinyang District Court 2014 Goyang-do 1495.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Since the judgment court accepted the report on the inheritance-limited approval, the Defendants are obligated to pay 25 million won (50 million won x 1/2 of the inheritance share) and delay damages within the scope of the property inherited from the deceased, unless there are special circumstances.

On the other hand, the Plaintiff asserts that the Defendants did not report insurance money due to the death of the deceased when they reported a qualified acceptance, and received and consumed the insurance money.

However, in light of the fact that the Defendants informed the Plaintiff’s agent of the insurance money and notified the insurance money that they received, it is difficult to deem that they concealed or fraudulently consumed inherited property solely on the fact that they received insurance money.

Therefore, this argument by the plaintiff cannot be accepted.

3. Accordingly, according to the conclusion, the Defendants’ respective 25 million won within the scope of the property inherited from the network D and the Defendants’ dispute as to the existence or scope of the Defendants’ performance obligation from November 1, 2013 following the date following the agreed return date is deemed reasonable until February 11, 2015, which is the date of this decision.