1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Plaintiff’s assertion

The summary of the plaintiff, C, D, E, and F are children of G, H, I, J, K, and the defendant are the substitute successors of F.

After G’s death, the conciliation of the Plaintiff’s payment of KRW 375 million to H, I, and J was concluded between the remaining inheritors except the Defendant and K, and a settlement recommendation decision was finalized to the effect that the Plaintiff would pay KRW 125 million to the Defendant.

Since then, K filed a lawsuit claiming return of unjust enrichment against the remaining inheritors, and in the litigation proceedings, the Plaintiff paid 100 million won to K among the remaining inheritors except the Defendant, and the conciliation was concluded to the effect that only KRW 125 million out of each of the above KRW 125 million, which the Plaintiff would pay to H, I, J, and Defendant.

However, after the K withdrawn the lawsuit against the defendant, and the defendant did not make a decision on the recommendation of reconciliation with the above contents and the lawsuit was terminated.

Since then, the Plaintiff deposited KRW 125 million with the Defendant as the principal deposit. According to the mediation made between the successors other than the Defendant, the Defendant’s receipt of KRW 25 million out of the above deposit constitutes unjust enrichment.

Therefore, the defendant is obligated to return unjust enrichment of KRW 25 million to the plaintiff and pay damages for delay to the plaintiff.

Judgment

In full view of the evidence No. 1-2, evidence Nos. 3 and 4, and the purport of the entire pleadings in this court, the Plaintiff and C shall file a lawsuit with the Daejeon District Court for the registration of ownership transfer (2014Gahap7784) to the Defendant, E, H, I, and J, and the said court shall make a decision to recommend reconciliation that “the Plaintiff shall pay KRW 125 million to the Defendant simultaneously with the receipt of documents for the registration of cancellation of the registration of the establishment of a neighboring mortgage from the Defendant until December 31, 2016,” and the above decision becomes final and conclusive on May 12, 2016.