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1. Of the ancillary claims for a judgment of the first instance, the Plaintiff falls under the following part:
Reasons
1. The reasons why this Court's explanation concerning this part of the basic facts are as follows: "Plaintiff, Defendant, and B" in the second page 11 and 12 of the judgment of the court of first instance shall be "Plaintiff, Co-Plaintiff B of the court of first instance, Defendant, and K", and the 14 and 15 "I apartment 206, Dong 406, Dong 406, located in Chuncheon City H" shall be as stated in the corresponding part of the judgment of the court of first instance, except for the alteration to "real estate listed in the attached list."
2. Judgment as to the main claim
A. The Deceased’s assertion 1) was paid KRW 1,685,474,010 as land compensation from June 21, 201 to November 7, 201. The Defendant embezzled KRW 897,510 by withdrawing KRW 897,510,090 from the deceased’s account without his/her consent and depositing it into his/her account.
Therefore, since the Defendant’s embezzlement was a tort against the Deceased and the Plaintiff inherited the right to claim damages against the Defendant by 1/6 shares, the Defendant is obligated to pay 150,000,000 won (9,000,000 x 1/6) to the Plaintiff.
B) The Defendant directly managed approximately KRW 4,00,000,000, which is the biological property of the Deceased, including the decedent’s deposit, etc., and embezzled or refused to return the decedent’s above property by means of cash withdrawal, deposits into its own account, remittance made by the Defendant to the remitter, and the method of using the borrowed name account in the name of F. Therefore, the Defendant’s embezzlement was a tort against the Deceased, and the Plaintiff inherited the Plaintiff’s right to claim damages against the Defendant as much as 1/6 shares. As such, the Defendant is obligated to pay at least KRW 660,00,00 to the Plaintiff as part of the claim, and the Plaintiff is seeking KRW 150,00,00 as part of the claim. (2) The judgment of KRW 8,000, KRW 10,000, KRW 100, KRW 100, KRW 1000, and KRW 150,000 as part of the claim.