1. The plaintiff (Counterclaim defendant)'s main claim and the main claim are all dismissed.

2...

1. Basic facts

A. Inheritance Relationship 1) The deceased C married with D on June 7, 1983, and born E, and on August 11, 1990, a divorce was made with D on August 11, 1990. After which the deceased C reported marriage with F on June 27, 1991, a divorce was made between F and F on November 12, 1993. The deceased reported marriage with F on December 16, 2002. (2) The deceased C reported marriage with F on December 16, 2002.

3) The network C and the network G died on January 17, 2016. Accordingly, the deceased’s heir became the Plaintiff, and the deceased’s heir became H and the Defendant. (b) The network C completed the registration of ownership transfer on June 22, 1985 with respect to each real estate listed in the separate sheet before marriage with the deceased (hereinafter “instant real estate”).

The deceased C completed the registration of ownership transfer of the instant real estate to the deceased G on February 19, 2009 due to the gift on February 16, 2009, which was after the marriage with the deceased G.

2) After the death of the deceased, the Defendant, one of the deceased inheritors, completed the registration of ownership transfer on the instant real estate on March 4, 2016 due to the inheritance by agreement division on January 17, 2016. (c) After the death of the deceased G, the Plaintiff withdrawn KRW 1,6120,00 from the deceased G account on January 19, 2016, after the death of the deceased G.

The Plaintiff used KRW 8,381,880 among the deceased G funeral expenses, etc., and the Defendant’s punishment transferred KRW 2,00,000 to H among the deceased G’s heirs, but the remainder of KRW 5,738,120 (i.e., the withdrawn amount of KRW 16,120,000 - KRW 8,381,880,000 such as funeral expenses, - the remittance amount of KRW 2,00,000) did not return to the deceased G’s heirs.

2) Meanwhile, one of the heirs of the network G transferred his claim for the return of money to the Plaintiff based on the facts described in paragraph (1) to the Defendant, who is another heir, and delegated his authority to notify the transfer.

Accordingly, the defendant notified the plaintiff of the assignment of the above assignment through the service of the counterclaim of this case.

[Reasons for Recognition]