A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the deceased E (hereinafter “the deceased”). The deceased died on September 29, 2018, and the deceased’s heir is the Plaintiff A, B, C, and Defendant, who is the spouse.

B. After the death of the deceased, in holding a divided consultation on each of the instant real estate, Plaintiff B and C granted the Plaintiff the right of representation to the Plaintiff, and set the scope of the right of representation to consult with each of the instant real estate upon the division of either the portion of statutory inheritance or the part thereof.

C. However, Plaintiff A prepared a written agreement on the division of inherited property with the purport to divide each of the instant real property into the Defendant’s sole ownership beyond the scope of the above authorization (hereinafter “instant agreement on division of inherited property”), and the Defendant solely completed the registration of ownership transfer as to each of the instant real property on October 19, 2018, based on the agreement on division of inherited property.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings]

2. According to the above facts of recognition, in the agreement on the division of inherited property of this case, the part of the expression of intent represented by the plaintiff A, B and C shall be deemed null and void as an act of representation in excess of authority.

However, the division of inherited property by agreement shall be effective only with the consent of all co-inheritors, and if there is no consent of some of the co-inheritors or there is any defect in the power of representation in such declaration of intention, the division

(See Supreme Court Decisions 85Meu80 delivered on March 10, 1987 and 93Da54736 delivered on April 7, 1995, and Supreme Court Decision 2001Da28299 delivered on June 29, 2001, etc.). Therefore, it is reasonable to deem that the agreement on the division of inherited property of this case is null and void due to the lack of representation right as seen earlier in the Plaintiff B and C’s declaration of intent.

Thus, the defendant's share of each of the real estate of this case.