1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. The Plaintiff, the Defendant, C, and D are siblings and children E.

After the inheritance commenced on July 4, 2011 due to the death of E, it was concluded on July 4, 201, the conciliation was made to the Seoul Family Court against the wife F and F, another inheritor, claiming for the division of inherited property, and on June 7, 2012, the Plaintiff is to receive KRW 370 million from F as the representative.

B. On September 6, 2012, the Plaintiff, the Defendant, C, and D agreed that the Plaintiff shall have KRW 125 million, the Defendant’s KRW 48 million, C’s KRW 1220 million, and D’s KRW 777 million, respectively, among F’s KRW 370 million, and around September 6, 2012, the Plaintiff paid KRW 70 million to F from the Defendant, KRW 30 million, KRW 70 million, and KRW 30 million, and KRW D shall have KRW 30 million.

Therefore, among the remainder of the inherited property division amounting to KRW 170 million paid by the Plaintiff F, the share of the Plaintiff, the Defendant, C, and D was KRW 5 million, KRW 18 million, KRW 50 million, KRW 50 million, KRW 50 million, and KRW 47 million, respectively.

C. After that, the Plaintiff received KRW 27 million from F under the pretext that helps the Plaintiff lower tax amount, and upon the occurrence of a dispute, the Plaintiff agreed to receive only the remaining KRW 143 million from the balance of KRW 170 million, which the Plaintiff received from F to the remainder of KRW 170 million.

On November 27, 2012, the Plaintiff and the Defendant drafted an agreement with each other to share KRW 143 million, upon receiving KRW 100 million from F. On November 30, 2012, the Plaintiff and the Defendant, upon receiving KRW 143 million from F as a check on November 30, 2012, and then, in cash, the Plaintiff received KRW 94.5 million from F, and the Defendant, upon receiving KRW 48.5 million, embezzled the aggregate of inherited property of KRW 97 million ( KRW 50 million), which is the share of inherited property of KRW 37 million with C and D, in collusion.

E. C and D filed a complaint against the Plaintiff and the Defendant as to the above facts, but the Defendant asserted that there was no money from the Plaintiff at an investigative agency, and only the Plaintiff was indicted as Seoul Eastern District Court 2013Kadan1266.

F. In the above criminal case, the Plaintiff is from F.