1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 24, 2012, C, the Defendant’s friendly omission, died due to a traffic accident, and the Plaintiff, his wife, and E, were co-inheritors.

B. On September 7, 2012, the Plaintiff received 30,000,000 won as criminal agreement amount for bereaved family members (hereinafter “instant criminal agreement amount”) from the perpetrator, and on October 5, 2012, from the National Private Taxi Mutual Aid Association for the purpose of insurance money (hereinafter “instant insurance money”), and granted the Defendant KRW 30,550,000,000, respectively.

C. The net C had a credit amounting to KRW 30,00,000 against F before the birth, and G had a credit amounting to KRW 85,00,000 against H apartment 415,00,000 against H apartment 110, Gangnam-gu Seoul.

B From August 25, 2012 to September 30, 2012, the above E received a total of KRW 30,000,000 from the above F on several occasions in the repayment of the above loan, and paid KRW 24,30,000 among them on October 1, 2012 to the Defendant, and the Plaintiff was refunded KRW 85,00,000 from the above G.

On October 15, 2012, E withdrawn the above amount on the ground of inheritance termination with respect to KRW 26,117,595, which was deposited in the national bank account under the name of the Dong C, and paid it to the Defendant on November 8, 2012.

E. The above H apartment Nos. 431, 306 had a claim for the refund of the lease deposit amounting to KRW 72,00,000 with respect to the above H apartment No. 4306, but the above lease was terminated thereafter, and the above E returned the above KRW 72,00,000, and paid it to the Defendant.

[Ground of recognition] Each entry and video of Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination:

A. (1) The plaintiff asserted that the claim related to the criminal agreement amount of this case was delivered to the defendant on the premise that the amount of KRW 30,000,000 was returned. The plaintiff requested the return of the above amount as a duplicate of the complaint of this case.