2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

A. The deceased D (hereinafter “the deceased”) died on July 1, 2013, and his heir is the Defendants, who are the husband of the deceased, and the children of the Plaintiff and the deceased.

B. On January 21, 2014, the Plaintiff and the Defendants

2. As to the registered real estate (hereinafter “instant land”), on February 3, 2014, the Plaintiff completed the registration of ownership transfer with 3/7 shares on July 1, 2013 on the ground of inheritance as to the instant apartment on July 1, 2013, and the Defendants completed the registration of ownership transfer with 2/7 shares, respectively.

C. Meanwhile, the Deceased prepared a written will on January 17, 2013, and according to the testamentary book, it stated that the Defendants respectively leave the instant apartment and land as one-half shares.

On April 15, 2016, the Plaintiff filed a claim for recovery of inheritance against the Defendants, separate from this case, Seoul Eastern District Court 2016Kadan11776, Seoul East Eastern District Court, which is currently pending.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 4, 5, Gap evidence 12, Gap evidence 12, Eul evidence 1 through 3, the result of written appraisal by appraiser E, the purport of whole pleadings]

2. Determination

A. The plaintiff is seeking the division of common property on the premise that the apartment of this case is public property of the plaintiff and the defendants, but the plaintiff is obligated to transfer the plaintiff's share in relation to the apartment of this case to the defendants as seen below in the judgment on the counterclaim. Thus, the plaintiff's claim on the principal lawsuit is without merit.

B. (1) According to the fact that a testamentary gift was established, the Plaintiff is obligated to implement the registration procedure for transfer of ownership based on testamentary gift on January 17, 2013 with respect to each of 3/14 shares of the instant apartment and the instant apartment and the instant land.

(2) The Plaintiff’s assertion (A) First, even though the Defendants knew of the contents of the above will, according to their respective inheritance shares in relation to the apartment and land of this case.