1. The plaintiff's claim is dismissed.

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

1.The following facts do not conflict between the Parties:

원고는 망 C(이하 ‘망인’이라 한다)의 처(妻)이고, 피고는 망인의 형(兄)이다.

B. The Deceased died on June 30, 2014.

2. The parties' assertion

A. On June 26, 2014, the Defendant asserted that, as a witness of D on June 26, 2014, the Defendant: (a) sold the apartment of this case, “YY E and 1501 Dong 102 (hereinafter “the apartment of this case”) in Suwon-si; (b) paid to the Plaintiff KRW 150 million out of the total amount after deducting all the expenses from the purchase price; and (c) died with the will to the effect that F manages the money; and (d) the remainder shall be paid to C, the Plaintiff is obliged to sell the apartment of this case to the Defendant based on testamentary gift that caused the death of the deceased and pay the part reverted to the Defendant out of the purchase price

B. As to this, the plaintiff is above A.

A will in paragraph (1) is to seek confirmation of the existence of an obligation by asserting that the deceased’s relatives, including the Defendant, were forged, or that the deceased was made in a state without a capacity to act, or that the deceased’s siblings were pressured, and thus, constitutes an anti-social juristic act contrary to Article 103 of the Civil Act.

3. Determination

A. In full view of the statements Nos. 3, 4, 5, and 6-1 and 2 of the evidence Nos. 3, 6-2 of this Court, the deceased’s verification of the voice recording file of the F’s smartphone recorded in the instant will and the purport of the entire pleadings, the deceased, as a witness on June 26, 2014, sold the instant apartment, deducted all expenses from the purchase price, and paid 150 million won out of the remainder to the Plaintiff on the F’s smartphone, which is the Defendant’s child, by making a voice recording to the effect that “the Plaintiff shall manage the said money on behalf of the Plaintiff, and pay the remainder to the Defendant.”