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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The following facts may be found either in dispute between the parties, or in accordance with the purport of Gap evidence 1 to 8, 15, 20 to 23, and 29 (including the number), Eul evidence 7, the testimony of the first instance court witness F and the whole pleadings:
The deceased D (hereinafter referred to as “the deceased”) had been hospitalized in a hospital continuously from around October 2013 to receive treatment due to re-explosive symptoms after the operation of the Jinchip cancer, and died on May 25, 2015, when it was recovered on March 19, 2015 after being hospitalized in another hospital on April 14, 2015 for the Alternative Act, and when the disease was aggravated due to the decline of eyesight and the ethical symptoms, etc., and the disease was transferred to a university hospital on April 30, 2015, and on May 12, 2015, it was difficult to recover due to the decline of the extension function.
B. At the time of death, the Deceased had the Plaintiff (H) born between A and his spouse, and the Plaintiffs became co-inheritors of the deceased.
C. Around January 2004, the Deceased concluded a life insurance contract (Insurance Policy Number E) on the grounds that the policyholder and the insured were each the deceased, and the amount of the insurance coverage was KRW 50 million, and the beneficiary was designated as the spouse A, who was the deceased’s spouse. Around January 2015, the beneficiary was changed to the Defendant, who was the deceased’s father.
After the death of the deceased, on May 26, 2015, the Defendant received insurance money of KRW 50 million from the insurance company.
E. A remarried on July 28, 2016, and the Plaintiff currently resides with A.
2. The assertion and judgment
A. The plaintiff's assertion 1 of the parties is the counter-performance of the beneficiary's change between the deceased and the deceased, and the defendant used the deceased's insurance money for the purpose of the plaintiff, and entered into a contract of onerous donation on the condition that the plaintiff look at after the deceased's death, and the specific contents "I use insurance money for the purpose of the plaintiff's welfare where the plaintiff's parenting environment is changed due to the reason that the plaintiff's sex was changed