1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff fourth son of the deceased C (the deceased on August 21, 2009, hereinafter "the deceased"), and the defendant is the deceased's grandchildren (the second son of the deceased).

B. The deceased’s heir is E, D, F, G, H, and the Plaintiff.

C. The Deceased deposited KRW 73,257,245 in the name of the Defendant, and the Defendant terminated the said deposit on September 14, 2009 and received KRW 77,510,032 as principal and interest.

(hereinafter referred to as “the instant money”) D.

The instant money was deposited in the name of the Defendant after most of the deceased deposited in the name of the Plaintiff and terminated.

All of the foregoing passbookss were kept by the Deceased.

After the death of the deceased, the Defendant withdrawn the above deposit after accompanying the deceased, and again deposited it under the name of the Defendant, H demanded financial institutions to withdraw the deposit only with the consent of H at the time of the death.

On November 13, 2009, the defendant withdrawn all of the above deposits without the consent of H.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 5 and 6, witness H's testimony, purport of whole pleadings

2. The plaintiff's assertion

A. The instant money is inherited property with money owned by the deceased who lent the name of the defendant to the deceased.

B. The remaining inheritors, except D, who are the father of the Defendant, agreed to donate money equivalent to their respective shares of inheritance among the instant money to the Plaintiff, and the remaining inheritors, except D, are KRW 64,591,693.

C. Therefore, the Defendant is obligated to return to the Plaintiff the amount equivalent to the interest accrued from September 15, 2009, which was the following day after the Defendant terminated the said deposit and received the instant money.

3. Determination

A. It is reasonable to view that the ownership of the deposited money is in the name of a depositor, unless there are special circumstances under the Act on Real Name Financial Transactions and Confidentiality.

(b) generally;