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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, 5, and Eul evidence 1, 2:
A. The Plaintiff is the Defendant, a female, D, and the Plaintiff, who is the children of the Deceased, as children of the deceased (hereinafter “the deceased”).
B. The Deceased leased the Seongbuk-gu Seoul E Apartment F (hereinafter “instant apartment”) owned by him to G. Around 2014, KRW 340,000,000 was determined as lease deposit and increased to KRW 70,000,000. Accordingly, the Deceased received KRW 50,000,000 from G on November 21, 2014, respectively.
C. Around July 2015, the Deceased sold the instant apartment to H in KRW 495,00,000, and the remainder of KRW 155,000,000, which remains after deducting the deposit for lease based on the said lease that H succeeds to the said purchase price, was paid as the actual purchase price.
The Deceased died on April 24, 2017, and accordingly, the original Defendant and D inherited the deceased’s property.
2. The assertion and judgment
A. The Defendant, who managed the passbook of the deceased’s assertion, sold KRW 50,000,000 out of KRW 70,000,000 of the increased deposit amount for lease of the apartment of this case, which was owned by the deceased, and KRW 155,00,000 of the purchase price actually paid by the deceased to the Defendant and the Defendant’s wife account, used it in the fund investment, etc.
The Plaintiff shared most of the deceased’s pre-living treatment costs and the property tax imposed on the apartment of this case. There is no ground to view that the deceased donated part of the increased portion of the lease deposit and the sales amount to the Defendant or B, and the Defendant asserted that the deceased donated a total of KRW 100,000,000 to the Defendant and B out of the above sales amount, but the Defendant did not properly state the remaining usage of KRW 55,00,000 except for this.
In March of 2014, the deceased has the ability to recognize his or her disease, such as where he or she shows symptoms of dementia.