A. 1) The deceased and the network D were married couple, the deceased C was dead on February 13, 2015, and the network D, the wife of which died on March 21, 2017, respectively. 2) The deceased were children E, F, G (Death on December 14, 2014), the Defendant, H, and the Plaintiff.

B. The network C 1) The deposit withdrawal in the name of the network C and the agreement on the division of inherited property 1) the account shall be the Bank’s I Account (hereinafter “instant account”) and the deposit deposited in the instant account.

A) On March 9, 2015, the Defendant: (a) withdrawn KRW 3,950,000,000 from the instant account; (b) transferred KRW 2,250,000,000 from the account to the account under the name of the Defendant; (c) around February 2016, a written agreement on the division of inherited property under the name of co-inheritors (hereinafter “instant agreement on division of inherited property”); (d) around 3,961,863,57, the deposit of KRW 2,250,000 from the instant account; and (e) transferred KRW 1,70,000,00 to the account under the name of the Defendant; and (e) around February 2016, the written agreement on division of inherited property under the name of co-inheritors (hereinafter “instant agreement on division of inherited property”); and (e) on the instant deposit, the deposit of KRW 3,961,863,577 shall be allocated first of all as KRW 2,700,000,00,00); (0) L16,163636 (3)/16)/6).

C. On January 29, 2020, the Defendant had been sentenced to imprisonment with prison labor for one year and six months and three years of suspension of execution on the following grounds: (a) in relation to the act of withdrawing KRW 3,950,00,000 from the instant account from the Seoul Central District Court Decision 2019Da437 (hereinafter “relevant criminal judgment”), the Defendant: (b) sealed and used C’s seal with respect to the act of withdrawing KRW 3,950,000 from the instant account; and (c) in relation to the act of preparing a written agreement on division of inherited property, the mother D was unable to make a normal decision due to dementia from around 2013 to the fact that he voluntarily sealed D’s seal and used it; and (d) the said judgment became final and conclusive on March 16, 2020 after the Defendant voluntarily withdrawn the appeal.

[Reasons for Recognition] No dispute, entry of Gap evidence Nos. 1 through 4, 21, and 22, and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is as follows.