1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Defendant B is the Plaintiff, and Defendant C is the Plaintiff’s spouse as Defendant B’s spouse.

B. On October 25, 2004, the Plaintiff suffered from a traffic accident, thereby suffering from disability of brain 3rd class. On October 25, 2004, the Plaintiff purchased land and buildings for multi-household D and multi-family housing (hereinafter “instant real estate”) from the insurer of the traffic accident perpetrator.

C. The Plaintiff delegated the Defendants with all authority over the purchase, management, and disposal of the instant real estate. Accordingly, the Defendants, while managing the instant real estate, sold KRW 73,00,000 on February 15, 2012, to the buyer for the remainder of KRW 175,500,000,000 for the rental deposit and KRW 20,000 for the remainder of KRW 175,50,000 for the sales deposit was paid as of March 15, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants, upon delegation by the Plaintiff, shall transfer money acquired through the management of the instant real estate to the delegating person (Article 684(1) of the Civil Act). As seen earlier, the Defendants sold the instant real estate and received KRW 175,50,000 after the Defendants sold the instant real estate. In full view of the purport of the entries and arguments in subparagraphs B and 3, and 4, it was recognized that the Defendants leased the instant real estate and received KRW 29,578,00,000 by leasing the said real estate, and thus, the Defendants are obligated to return the said real estate to the Plaintiff (=175,500,000 won).

The Plaintiff asserts that the Plaintiff’s lease of the instant real estate and the Plaintiff’s receipt of the instant real estate amount to KRW 153,379,03, and the total amount of interest accrued after the receipt of the said amount to KRW 43,751,255, respectively, but the Plaintiff’s receipt of the instant real estate amount to KRW 3-1 through 3-3.