A. The net C died on November 14, 2016.

B. On January 11, 2013, there was the Plaintiff, who had already been deceased, as the children of the network C, D, South E, Samnam F, and son.

다. 피고는 사망한 장남 D의 처(망 C의 맏며느리)로, 망 D가 사망하기 이전부터 시어머니인 망 C과 함께 살아 왔는데, 망 D가 사망한 이후에도 망 C이 사망할 때까지 계속해서 함께 살았다. 라.

As the net C died, G Apartment H (hereinafter referred to as the “instant apartment”) which was owned by his female, was inherited by his heir.

E. The deceased D’s substitute heir had two children and the defendant.

F. Co-inheritors did not register inheritance of the instant apartment, but sold the instant apartment in KRW 300 million to Nonparty I around August 25, 2017.

G. In the process of completing the registration of ownership transfer for a purchaser, first of all, the Plaintiff, the Defendant, E, and F4 shares were transferred for ownership transfer based on inheritance due to a division held on September 11, 2017 through a consultation held on November 14, 2016, and the purchaser completed the registration of ownership transfer for all co-owners’ shares in the future.

H. The Defendant received KRW 190,000,000, excluding the expenses incurred in the disposition and transfer registration, etc. from the sale price. The Defendant refused to return KRW 47,500,000 corresponding to the Plaintiff’s 1/4.

I. On February 26, 2019, the Defendant filed a complaint against the Plaintiff to refuse such return and was prosecuted for embezzlement. On February 26, 2019, the Defendant was convicted of the first instance judgment, and the criminal judgment became final and conclusive as it is.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1 through 3, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff alleged as the cause of the claim in this case, and the defendant, while disposing of the apartment of this case jointly inherited with 1/4 shares, has the defendant receive the price as the representative of the seller.