1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. ① On April 17, 2012, the Plaintiff’s mother C entered into an insurance contract with the Defendant that designated the beneficiary of KRW 100,000,000 (hereinafter “instant insurance money”) as a statutory inheritor upon the death of the Defendant on April 17, 2012; ② D, the Plaintiff’s mother, was killed on July 19, 2016 when C was under the said insurance period; ③ the husband of C was killed on April 17, 2009; ③ only the Plaintiff and D were their lineal descendants; the Plaintiff received KRW 50,00,000 out of the instant insurance money, and there is no dispute between the parties.

B. Accordingly, the Plaintiff asserted that D was disqualified as C’s heir pursuant to Article 1004 subparag. 1 of the Civil Act, and eventually, the Plaintiff succeeded to C’s total amount of the instant insurance proceeds, and sought payment of KRW 50,000,000 of the remainder of the insurance proceeds excluding the amount already received.

C. As seen earlier, inasmuch as the insured event occurred when C, the policyholder and the insured, as the beneficiary, designated the beneficiary as “legal inheritor,” the right to claim therefrom shall be deemed to be the inherent property of the Plaintiff and D, the inheritor, and as such, it cannot be deemed inherited property (see, e.g., Supreme Court Decisions 2000Da31502, Dec. 28, 2001; 2003Da29463, Jul. 9, 2004); even if D becomes disqualified for inheritance, the right to claim is not inherited to the Plaintiff, the other co-inheritors.

Therefore, the plaintiff's claim that differs from this premise (based on the premise that the insurance proceeds of this case are inherited property from the decedent C) is without merit.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.