1. Revocation of the first instance judgment.

Defendant D’s KRW 26,614,286, and Defendant E and F’s KRW 17,742,857, respectively, and their respective levels.

1. Basic facts

A. The Plaintiff and the deceased B (hereinafter referred to as “the deceased”) were living together with the deceased as a bridge from around 2012 to May 2014. The Plaintiff wired the deceased a total of KRW 42,700,000 to February 28, 2014, and KRW 13 times during the period from November 28, 2012 to February 28, 2014, respectively.

B. As the Deceased died on November 6, 2019, after the judgment of the first instance court of this case was rendered, Defendant D and F, her husband, jointly succeeded to the proportion of 3/7, 2/7, 2/7, and 2/7, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, who was in charge of the Plaintiff’s real estate-related business, transferred total of KRW 42,700,000 to the Deceased under the name of the sale price in Ulsan-gun C Apartment Complex (hereinafter “instant apartment”) by proposing that the Deceased purchased and reselled the apartment, and transferred KRW 19,400,000 to the Deceased on the ground of the lease money of the house to be residing by the Deceased while settling the living together with the Deceased.

Of the above money, KRW 42,700,00 in the name of the apartment sale price of this case constitutes loans or investments, and KRW 19,400,000 is a loan, and the Defendants, the inheritor of the deceased, are obligated to pay or settle this out to the Plaintiff.

B. The Defendants’ KRW 42,700,000, out of the money remitted by the Plaintiff, purchased the apartment house of this case to be used as a residence with the Deceased and the Plaintiff together, and received the purchase price for the apartment of this case, and did not borrow money.

In addition, the Plaintiff unilaterally notified the Deceased that another woman had occurred on May 2014, and unilaterally notified the Deceased of his right to dispose of the apartment building of this case. In order to unilaterally leave the Deceased’s residence living together with the Plaintiff and the Deceased, the Plaintiff is a new house for the Deceased to remove the Deceased from his post.