1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court within the scope of adjudication of this court, the plaintiff Gap filed a claim for partition of co-owned property and restitution following the cancellation of the contract for onerous donation as to real estate listed in the separate sheet, and the plaintiffs filed a claim for damages due to tort. The first instance court accepted the plaintiff's claim for partition of co-owned property as well as the plaintiffs'

In this regard, the defendant appealed against the part of the claim for damages, which is limited to the part of the claim for damages cited as above.

2. The part of the reasoning of the judgment of the court of first instance, excluding the conclusion among the reasons to be stated in this case, such as the acceptance of the judgment of the court of first instance, is as follows, or the part of the reasoning of the judgment of the court of first instance, except for adding the judgment identical to that of paragraph 3 as to the assertion that the defendant stressed or added again in this court, thereby citing it in accordance with

In the reasoning of the judgment of the first instance court, "Defendant D" shall be deemed "Defendant", "Defendant C" shall be deemed "C", and "Defendants" shall be deemed "Defendants, etc.", respectively.

3. Additional determination

A. Determination 1 on the assertion that the act of withdrawing the deposit does not go against the social norms, the Defendant’s summary of the Defendant’s assertion was received KRW 6,00,000 from the Plaintiff in consultation with the Plaintiff, and was used as the Plaintiff’s living expenses, nursing expenses, etc. However, since October 2017, Plaintiff A did not pay the above money to the Defendant, and was hospitalized at the hospital for dementia treatment on January 5, 2018. Due to the foregoing extenuating circumstances, the Defendant terminated the deposit in the name of the Plaintiffs and withdrawn the deposit totaled KRW 56,260,885 + KRW 26,260,885 + Plaintiff B 30,000 + Plaintiff B 30,000) and used it as the Plaintiffs’ living expenses, nursing expenses, etc.