1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is the head of the deceased C (hereinafter referred to as the "the deceased"), and the defendant is the head of the plaintiff's birth. The plaintiff's lineal descendants are the plaintiff, D, E, defendant, and F.

B. The Deceased died on October 8, 1998.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The deposit passbook was found at the time of the deceased’s death, and the sum of said money was approximately KRW 98 million.2) However, the said money was all the money that the Plaintiff left to the deceased.

On October 10, 1998, the Plaintiff provided the E with KRW 15 million among them, and the remaining approximately KRW 83 million was used for F’s hospital expenses, and was in charge of the custody of the Defendant.

3) Since F was designated as a person eligible for livelihood benefits and was supported by the State with a certain amount of cost of living as well as hospital expenses, there was no need for F to spend it as hospital expenses. Since the Defendant appears to have been aware that there was no intention to spend it as hospital expenses from the beginning or there was no need to spend it as hospital expenses, the Defendant’s duty to return KRW 83 million to the Defendant around October 1998. Accordingly, the Plaintiff demanded the Defendant to return KRW 83 million deposited money to the Defendant. Around October 1, 1998, the Plaintiff sought a return of KRW 16,17 (including a serial number, part of the testimony of the witness D, as a whole, taking full account of the overall purport of the arguments, the total amount of deposits, etc. kept by the deceased at the time of death, approximately KRW 78,500,000,000,0000,000 won remaining after deducting funeral expenses, and the Defendant’s remaining KRW 660,000,00.

However, as to whether the above deposit, etc. kept by the deceased is the Plaintiff’s money, there is no evidence to believe that the statement of No. 4 and the witness E’s testimony as shown above is difficult, and otherwise, it is not necessary to further examine the Plaintiff’s above assertion.