1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff and the Defendant are children born between C (Death on March 27, 1986) and D (Death on March 3, 2012, hereinafter “the deceased”). The Plaintiff is South and North Korea, and the Defendant is the deceased’s heir, and there are three male and female E in addition to the Plaintiff and the Defendant.

B. On October 10, 201, the Deceased completed the registration of transfer of ownership in the name of G Apartment No. 3 Dong 1410 (hereinafter “instant apartment”). On February 28, 2010, the Defendant entered into a contract on behalf of the Deceased on July 10, 201, on the part of the Deceased to lease the said apartment with KRW 120 million as a lease deposit, and received from H a transfer of KRW 11 million out of the lease deposit amount of KRW 12 million and the remainder of KRW 18 billion to each Defendant’s foreign exchange bank account in the name of each Defendant (hereinafter “Defendant’s account”) on behalf of the Deceased on July 10, 2010.

Meanwhile, on August 3, 2010, four copies of the cashier's checks issued by H were deposited into the Defendant's account in the name of NongHyup Bank.

C. On July 23, 2011, the deceased entered into a sales contract with J as to the above apartment (a contract deposit of KRW 24 million) with the J on KRW 242 million (a contract deposit of KRW 30 million + payment on August 24, 201 + payment on KRW 188 million + payment on September 26, 201; hereinafter “the purchase price in this case”). On September 26, 201, the deceased completed the registration of ownership transfer in the name of J on September 26, 201.

Meanwhile, on the other hand, the deceased received the down payment of KRW 24 million, which was paid at the time of the conclusion of the above sales contract, in cash, and had theO transfer the remainder down payment of KRW 22 million to H as the refund of the deposit for lease on July 25, 2011. On July 28, 2011, the deceased received the money to a new bank account in the deceased’s name (hereinafter “the deceased’s name”). On July 29, 201, the amount of KRW 10 million was remitted to H as the return of the deposit for lease, and the amount of KRW 12 million was remitted to the Defendant’s name.