1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's assertion

A. On June 24, 2007, the Plaintiff’s father, who operated the school juristic person D (hereinafter “D”), was entrusted with affairs such as debt repayment, etc. by his father, and the Defendant paid KRW 43 million out of the transfer proceeds of D’s operating rights in relation to personal financial transactions with the Defendant, not as the management of the above delegated affairs but as the management of the delegated affairs.

C Since E died on November 10, 2016 and terminated the delegation relationship, C and the heir of E return money not used in the handling of delegated affairs. However, C and the defendant conspired with C and the above 43 million won were paid under E’s order and refused to return the money.

The plaintiff is seeking the return of the above 43 million won as the act of preserving the trust property of the deceased E. As such, the defendant is obligated to pay the plaintiff the above 43 million won as unjust enrichment or damages and delay damages.

B. As to whether the judgment C pays the above KRW 43 million to the Defendant with respect to personal monetary transactions with the Defendant, not as the management of the above delegated affairs, or whether the Defendant and C did not return the money in collusion with the Defendant, it is insufficient to accept the payment solely on the basis of each of the descriptions of the evidence Nos. 1 through 9, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is not correct.

2. In conclusion, the plaintiff's claim is not legitimate, and it is so decided as per Disposition.