1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and C are children of the deceased D (Death on July 3, 2017, hereinafter “the deceased”).

The defendant is the deceased and the married spouse.

B. On July 12, 2017, the Defendant withdrawn KRW 4,400,000 (hereinafter “the instant money”) from the City Bank Account in the name of the Deceased.

C. On July 13, 2017, the Plaintiff, the Defendant, and C, who are the inheritor of the Deceased, drafted a written agreement on the division of property (hereinafter referred to as “instant agreement on the division of property”) on the division of property (hereinafter referred to as “instant agreement on the division of property”) and the main contents related to the instant case are as follows.

1. As of the date of the deceased’s death, all the claims, including the bank deposit claims held by the deceased (including the deceased’s corporate bank, post office, national bank deposit passbooks, and all the monetary claims against the deceased’s obligor E-management body), including the bank deposit claims (including the deceased’s corporate bank, post office, and all the monetary claims against the deceased’s obligor E-management body), are owned solely by

2. In addition to Paragraph 1 above, additional monetary assets not discovered at the time of the preparation of the present letter of agreement on the basis of the date of death are owned by the plaintiff as provided in Paragraph 1.

(b)

5. Notwithstanding the above consultation under paragraphs (1) through (4), the balance of the passbook F in the passbook owned by the deceased must be owned by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. On July 12, 2017, the Plaintiff withdrawn and consumed the instant money from the account in the name of the Deceased Bank on July 12, 2017, against the instant divided agreement.

Therefore, the defendant is obligated to pay the plaintiff damages amounting to 4,400,000 won and damages for delay due to the tort.

B. Defendant 1) The instant written agreement is null and void since it was written by coercion and intimidation by the Plaintiff and C. 2) The Plaintiff and C waive the instant money, and the said money is owned by the Defendant.