1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff and the defendant are children of Nonparty C, who are the plaintiff.

B. On September 21, 1970, the first floor No. 95 of the building located in Jongno-gu Seoul Metropolitan Government and 102 lots (hereinafter “D real estate”), the ownership transfer registration was made in the name of the Plaintiff on October 15, 2009, after the ownership transfer registration was made in the name of C on September 21, 1970.

C. On April 14, 2003, the fourth floor building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant E real estate”) registered the ownership transfer in the name of the Plaintiff on the ground of sale.

(Then, on February 3, 2016, E real estate of this case has been transferred to F in the name of the Plaintiff’s wife due to the gift on February 3, 2016. [Grounds for recognition]] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-2, and the purport of the whole pleadings.

2. The parties' assertion

A. Of KRW 360,00,000 as stated in the purport of the claim, the Plaintiff asserted that KRW 190,000,000,000, the Plaintiff leased the instant D real estate around October 15, 2015, and received KRW 190,000 from the lessee as the lease deposit, and kept it in the account in the name of the Plaintiff. However, between October 16, 2015 and November 25, 2015, the Defendant arbitrarily withdrawn the said KRW 190,000 from the said account and subsequently stolen the said money. Accordingly, the Defendant is obligated to pay the Plaintiff the said KRW 190,000,000 and delay damages therefrom (hereinafter the above KRW 190,000,000).

(2) The Defendant’s assertion is not the lease deposit for the instant real estate, but the amount of KRW 190,000,000, not the deposit for the lease of the instant real estate, and is owned by C as it was managed after having deposited money in the name of the Plaintiff. Upon C’s request, the Defendant only withdrawn part of the instant KRW 190,000,000, and did not withdraw the entire amount.

B. On October 23, 2015, the Plaintiff’s assertion regarding KRW 170,000,000, out of KRW 360,000,000 as stated in the purport of the claim, leased the second floor among E-real estate in this case.