A. Plaintiff A is the deceased’s spouse who died on September 2, 2016 and married around May 201 with the deceased’s spouse, Plaintiff B’s children, and the Defendant’s mother.

B. On November 20, 2012, the Deceased leased the above apartment in KRW 100,00,000 from F, the owner of Suwon-si E Apartment-dong 109, 801 (hereinafter “instant apartment”) and the Plaintiffs (hereinafter “instant lease”) around November 20, 2012.

C. On March 31, 2015, the Defendant entered into a sales contract with F to KRW 206,50,000 for the instant apartment (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the instant apartment on April 15, 2015, and paid KRW 100,000,000 out of the said sales price by means of replacing the lease deposit.

In March 2012, the Deceased was found to have cerebral typology and received typology treatment. Around January 3, 2014, even after her continued typology treatment, cerebral typology aggravated even after her typology treatment was performed after her typology surgery, and accordingly, her death on September 2, 2016. < Amended by Act No. 12873, Sep. 2, 2016>

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2, the purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that 100,000,000 won of the lease deposit of this case was obtained as a substitute for the purchase price of the apartment of this case, or succeeded to the obligation to return the lease deposit to the deceased, who is the lessee, as the purchaser of the apartment of this case without any legal cause. As such, the defendant is obligated to pay to the plaintiff, who is the heir of the deceased, the plaintiff, KRW 60,000,000 ( KRW 100,000,000 x 3/5 of the inheritance x 40,000,000 ( KRW 100,000,000 x 2/5 of the inheritance) and damages for delay.

B. The defendant's assertion is a donation of KRW 100,000,000 from the deceased, and thus, it shall be returned to the plaintiffs.