1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As the Plaintiff and the Defendant’s father were admitted into the Korea Land and Housing Corporation (hereinafter “each of the instant lands”) with 122 square meters and 8 square meters in Seongdong-gu, Sungnam-si, Sungnam-si, which is the father of the Plaintiff and the Defendant, the Korea Land and Housing Corporation paid KRW 305,500,000 in total of the compensation for the expropriation of each of the instant lands to C, around October 2014.

B. Of the above compensation, 246,403,140 won remaining after being paid as taxes, etc. was granted to the Plaintiff, and 46 million won was granted to the Defendant via the Defendant’s F account as the Defendant’s wife.

C. C (hereinafter “the deceased”) died on December 26, 2016, and the Plaintiff, the Defendant, G, and H inherited his/her own property. The Plaintiff, G, and H filed an adjudication on the division of inherited property against the Defendant as the head of Suwon District Court’s leisure Branch 2017Dhap1007.

[Evidence Evidence: Evidence No. 1 to 6, Evidence No. 14, Evidence No. 1 to 3 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that each of the instant lands was donated from the Deceased on or around 2004, and that the compensation for each of the instant lands was KRW 305,500,000,000, the Defendant made a false statement that the remaining money remains after deducting capital gains tax, expenses, etc. from each of the instant lands from KRW 250,000,000, and then transferred the said money to the account in F’s name without paying the remainder of KRW 200,000,000 to KRW 46,00.

The plaintiff is entitled to claim the return of the above compensation received by the deceased by exercising the right of claim against the deceased, inasmuch as it is impossible to perform the duty to transfer the ownership of each of the above lands as the land was expropriated.

Therefore, by keeping the plaintiff's 46 million won without permission, the defendant gains profits equivalent to the above amount without any legal ground, and is the plaintiff.