1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant are children of C. 2) C died on March 28, 2018.

B. On April 12, 2018, the Defendant withdrawn the Defendant’s deposit amount of KRW 104,191,592 (hereinafter “instant deposit”) from the bank account of the new bank account of the deceased C (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The Plaintiff’s assertion that the deposit claim of this case was inherited by the deceased, and thus, the Plaintiff and the Defendant, co-inheritors, respectively, inherited one-half shares.

The defendant withdrawn the deposit from the deposit account of this case.

Although the plaintiff prepared and delivered a power of attorney to withdraw the deposit in the deposit account of this case to the defendant, there was no delegation to the defendant to arbitrarily use the money so withdrawn.

Therefore, without the Plaintiff’s consent, the Defendant infringed the Plaintiff’s inheritance right by withdrawing the instant deposit amounting to 52,095,796 won (i.e., KRW 104,191,592 x 1/2) from the Plaintiff’s share of inheritance.

The defendant is obligated to pay the share of inheritance 52,095,796 won and damages for delay infringed on to the plaintiff who exercises the right to claim recovery of inheritance.

3. Determination

A. Reference inheritor who becomes the other party to a claim for recovery of inheritance refers to a person who has the appearance of relianceing on the person who is a property inheritor, even though there is no legitimate right of inheritance, or a person who infringes on the real inheritor’s right to inheritance by means of possession of all or part of the inherited property by referring to the person who possesses the inherited property (see, e.g., Supreme Court Decisions 2010Da33392, May 24, 2012; 92Da33701, Nov. 18, 1994). However, monetary claims of an inheritee belong to co-inheritors according to their respective shares of inheritance upon commencement of inheritance, and thus, in principle, the title inheritor to monetary claims belongs to co-inheritors according to their respective shares of inheritance.