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1. The Defendant’s KRW 17,810,537 as well as the Plaintiff’s KRW 5% per annum from December 17, 2014 to February 18, 2016.
Reasons
1. Basic facts
A. C, on August 20, 2005, was engaged in sand work at E affiliated with D Co., Ltd. (hereinafter “D”), and was engaged in sand work at sandba, and there was the Defendant, the children, the heir, the Plaintiff, the F (former G), and H.
B. Around the time of C’s death, D paid to the Defendant KRW 120 million, and the captain of E paid KRW 10 million to the Plaintiff respectively. On September 16, 2005, the Plaintiff transferred the above KRW 10 million to the Defendant on September 16, 2005.
C. After that, on December 14, 2005, the registration of ownership transfer was completed as a result of inheritance due to a consultation division in the Plaintiff’s future on December 14, 2005 with respect to the land of this case, the Plaintiff sold the instant land to J on December 27, 2005.
Meanwhile, from September 1, 2005, KRW 30,234,739 on September 1, 2005, KRW 5,214,859 on November 30, 2005, and KRW 3,174,111 on December 8, 2005, and KRW 10,000 on July 12, 2005, were replaced by the bank account in the name of C, while the amount of KRW 1,30,000 on September 1, 2005, KRW 10,000 on October 10, 2005, and KRW 50,00 on October 17, 2005, respectively.
E. Around December 2014, H transferred to the Plaintiff the claim for the return of custody money deposited with the Defendant in relation to the death of C, and the claim for inheritance recovery against the Defendant. On December 1, 2014, H notified the Defendant of the assignment of the said claim.
[Ground of recognition] Facts without dispute, Gap's 1 to 4, 6, 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion ① The defendant raised the above No. 1-B around C's death.
The plaintiff's siblings received KRW 130 million as stated in the claim. The plaintiff's siblings kept the above money and subsequently kept the above money in trust with the defendant's words that they would divide the above money to the plaintiff's siblings according to the inheritance shares. Thus, the defendant is obligated to pay the plaintiff and H the money equivalent to the above custody amount of KRW 130 million among the inheritance shares.
(2)