1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. A. Around 2012, the Plaintiff, the South East East-gu Plaintiff (hereinafter “instant apartment”) purchased an apartment unit of 201, 2101, Daegu Suwon-gu E apartment unit of 201 (hereinafter “instant apartment”) with KRW 350,000,000, and asked the Plaintiff to lend KRW 100,000 to the Plaintiff as part payments.

On November 23, 2012, the Plaintiff lent KRW 100 million to D without setting the interest and the due date for payment by means of remitting the intermediate payment of KRW 100 million to the seller’s account.

D had the Plaintiff registered the creation of a security right to the instant apartment. However, the Plaintiff died on June 19, 2014 when the Plaintiff was killed.

Accordingly, Defendant C, who is the wife of the network D (hereinafter “the deceased”), succeeded to the deceased’s obligations against the deceased in proportion to the deceased’s shares in inheritance. As such, Defendant B is obligated to pay the Plaintiff KRW 60 million (10 million x 3/5 shares) and Defendant C is obligated to pay the Plaintiff KRW 40 million (10 million x 2/5 shares).

B. The Defendants’ apartment complex in this case was prepared by the Deceased as a new family in marriage with Defendant B.

The deceased has been doing business for more than 10 years immediately before the death, and the plaintiff has been managing the passbook of the deceased for several years before the death of the deceased. Thus, the above KRW 100 million was returned to the plaintiff's money managed by the plaintiff or, even if not, the plaintiff was donated to the deceased with the purchase fund for new marries.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 and 2, the Deceased may recognize the fact that between F and F on October 24, 2012, the purchase price of the instant apartment is KRW 350 million, and the intermediate payment is KRW 35 million, the intermediate payment is KRW 100 million, and the remainder is KRW 215 million, and the contract to purchase the apartment at KRW 200 million was entered into. The fact that the Plaintiff remitted KRW 100 million to F’s account on November 23, 2012, which is the date of intermediate payment.

B. In addition, according to the descriptions of Gap evidence No. 4 (including the paper number, hereinafter the same), the above down payment is KRW 35 million on October 25, 2012.