1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Both the Plaintiff and the Defendant are C’s children, and the Plaintiff is the Plaintiff’s former wife N with DE, and the Defendant is the latter wife M with C.

B. At the time of 1967, GJ died around 1967, that the building was originally owned by the Plaintiff and the Defendant’s father.

After that, on April 24, 1979, the registration of ownership transfer was made on the building on April 24, 1979 and on June 29, 1985 on each of the above buildings.

(c) In the case of the Net Co., Ltd., Sept. 8, 2008, the same month in respect of real estate at the Net City.

3. On September 12, 2008, net city development completed the registration of transfer of ownership based on a consultation on public land, and accordingly deposited KRW 118,019,340 (hereinafter “instant compensation”) with the national bank account under D’s name (Account Number: H; hereinafter “instant account”).

On the other hand, D opened the instant account with the deposit account of the instant compensation on June 9, 2008, when the procedure for acquiring public land for real estate at the net time was in progress, and issued C the passbook and seal with the password.

C On September 16, 2008, after the payment of the instant compensation was made, with the Defendant, deposited KRW 118 million out of the instant compensation by using the passbook, seal, and password, and then remitted KRW 110 million among them to the Defendant’s treatment securities CMA account (Account Number: I), and deposited KRW 8 million into the Defendant’s other account.

E. On March 25, 2013, D asserted that he lent KRW 118 million out of the instant monetary compensation to the Defendant via C through C, and that he transferred the said monetary claim to the Defendant, and notified the Defendant of the fact of transferring the said monetary claim. On May 23, 2013, E again transferred the said monetary claim to the Defendant, and then notified the Defendant of the fact of transferring the said monetary claim to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 6, Eul evidence 1, 2, and 4.