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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On June 16, 2015, the status network E of the parties (hereinafter “the deceased”) died as the father of the Plaintiffs and the Defendant, and the deceased’s heir is the Plaintiffs and the Defendant’s total four persons.
B. (1) The Deceased’s donation related to the deceased’s donation to the Defendant (hereinafter “instant apartment”) on August 5, 201, the Deceased’s H apartment No. 301, 1204 (hereinafter “instant apartment”) owned by the Deceased on August 5, 201.
(A) The sales of KRW 169 million to KRW 100,000,000,000 for the same day from the above I received KRW 16.9 million from the deceased’s account (Evidence A 15), and the remainder of KRW 32.1 million on September 20, 201 (hereinafter “the instant sales balance”).
(2) On August 25, 2011, the deceased succeeded to the obligation to refund deposit money to the lessee of the apartment building of this case at the time of the deceased, and instead of KRW 120 million. (2) On August 25, 2011, the deceased received KRW 31,205,947, KRW 31,223,067, KRW 31,06,837, KRW 20,687, KRW 20,685, KRW 114,225,68 (hereinafter “the deposit money of this case”) by dividing the amount of tax after the termination of the agricultural welfare periodical deposit account of the deceased by KRW 31,205, KRW 947, KRW 31,223,06, KRW 3106, KRW 837, KRW 206, KRW 8,225,668.
3) On December 22, 2011, the Deceased paid KRW 30 million out of the purchase and sale balance of this case to the Defendant and KRW 100 million out of the deposit termination deposit of this case. 4) On December 29, 2011, the Deceased’s Han Bank Account (Evidence A (Evidence A 15) kept in custody of KRW 16.9 million on the apartment of this case on December 29, 2011, the Defendant asserted that the said account deposited KRW 16.9 million in the said account on the premise that the said account was his own account, and then transferred KRW 44,09,836 in addition to KRW 27,19,836 of the Defendant’s money to the Defendant’s Han Bank Account on the premise that the said account was in his own account. However, on April 28, 2017, the Defendant acknowledged that the said account was in conformity with the Deceased’s account.
Therefore, the argument that the above 44,09,836 won was included in the defendant's money also seems to have been withdrawn.