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1. The judgment of the court of first instance is modified as follows.
Defendant each of the Plaintiffs KRW 97,591,649 and each of them 49,339.
Reasons
1. Basic facts
A. Since October 28, 2003, the Plaintiffs and the Defendant, who are the deceased E (hereinafter “the network”) and their ancillarys, shared the building of the three underground floors and the 8th floor above the ground (hereinafter “instant building”) located in Sungnam-si, Sungnam-si, with the share of 2/5, the Plaintiffs and the Defendant owned each of the share of 1/5.
B. Around that time, the Deceased opened a new bank account (X; hereinafter “instant account”) in his own name, and has been managed by receiving the remittance of rent, management fee, etc. from the lessee of the instant building.
C. On June 3, 2014, the Plaintiffs filed a petition for adjudication on the commencement of adult guardianship with the Suwon District Court Branch Branch Branch of 2014Ra621, the deceased as the principal of the case. On January 6, 2015, the said court commenced adult guardianship for the deceased on the grounds that the deceased has continuously failed to perform his/her duties due to mental constraints, and that the deceased has continuously failed to perform his/her duties due to his/her mental constraints, appointed a lawyer G and the defendant jointly with his/her guardian, but the right to revoke the legal act and the right to legal representation are exercised by the attorney G, exercise his/her right to decide on his/her personal affairs, and jointly exercise his/her right to decide on his/her personal affairs, and the said adjudication was finalized on January 14, 2015.
G Attorney-at-law settled the proceeds from the lease of the instant building from January 2015, 2015 to February 2, 2016, when adult guardianship commenced, and paid the Plaintiffs and the Defendant.
At this time, G attorney calculated the actual revenue and expenditure from January 2015 to March 2, 2015, and distributed the rent revenue. From April 2015 to February 2016, G attorney paid KRW 2,350,000,000 per month to the Plaintiffs and the Defendant, respectively.
Upon the deceased’s death on February 29, 2016, the Defendant, on March 24, 2016, caused the legacy on February 29, 2016, with respect to 2/5 shares of the deceased among the instant buildings.