1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On May 19, 199, the defendant married with C, who is the plaintiff's son on May 19, 199, and lived in Italy with C, who majored in sexual music, and brought about D.

B. The Defendant received KRW 160 million in total from the Plaintiff to the Defendant’s Nonghyup Bank account on December 29, 201, and KRW 150 million on January 18, 2012, from the Plaintiff, among the Plaintiff’s return to Korea with D around 2011 and going through friendly relations.

C. Around January 20, 2012, the Defendant paid the deposit for the lease to the said money, and leased Switzerland E apartment and 101 Dong 704 (hereinafter “the instant apartment”) and lived together with D.

The defendant has received a refund of the deposit for lease on a deposit basis after the termination of the apartment lease contract of this case and used it as living expenses, etc.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3-1, Eul evidence 7-1, Eul evidence 9, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. Since the gist of the Defendant’s assertion and the father of the Defendant agreed to withdraw and smoothly agree on the instant lawsuit, the instant lawsuit is unlawful as there is no benefit in the protection of rights.

B. According to the statement of the evidence No. 16-1 (Agreement), it is recognized that the Plaintiff and the Defendant agreed to withdraw each lawsuit filed by the Defendant and the Defendant, and that the agreement was not reached between the Plaintiff and the Defendant, but between the Plaintiff and the Defendant and the Defendant. However, even if following the contents of the above agreement, it is difficult to view that the agreement was effective between the Plaintiff and the Defendant.

Furthermore, there is no evidence, such as that the Defendant delegated F with the authority to reach an agreement in the litigation with the Plaintiff to withdraw both the instant lawsuit and the divorce lawsuit against the Plaintiff’s Party C (Seoul Family Court Decision 2015ddan357), and thus, it cannot be deemed that the evidence No. 16-1 of the evidence No. 16 has an effect on the Defendant.

Unlike the Plaintiff and the Defendant, the foregoing.