1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) owned, before the birth, H apartment 3 Dong 501, Gangnam-gu Seoul Metropolitan Government (hereinafter “H apartment”) and the Ix 33.1 square meter and its ground buildings (hereinafter “the instant I commercial building”) in Jung-gu, Seoul (hereinafter collectively referred to as “H apartment”).

B. The Deceased died on December 13, 1993, and the Deceased left D, E, F, and G as his child between the Plaintiff (M) who is his spouse.

C. On June 9, 1994, the deceased died, as the result of the inheritance by consultation and division on December 13, 1993, the title of H apartment was transferred to F in relation to the instant I commercial building, and each ownership was transferred to G in relation to the instant I commercial building under the name of G.

G died on May 13, 2012, and jointly succeeded to the property of the deceased and the defendant and the ASEAN as his wife, J and K.

On June 4, 2013, the transfer registration of ownership was made with respect to each inheritance share of the Defendant, J, and K in the instant I commercial building.

[Ground of recognition] Evidence Nos. 3-1, 2, Gap evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The deceased, around 1993, ordered F to testamentary gift of H apartment and the instant I commercial building to G, and the F and G called “F to have the Plaintiff reside in H apartment, and to have the monthly rent income coming from the I commercial building of this case returned to the Plaintiff.” This is the deceased’s will to give the F and G the above real estate owned by the deceased, which is the Plaintiff’s own property, to whom he belongs, and as a result, it constitutes a testamentary gift by having the Plaintiff use H apartment and the instant I commercial building while the Plaintiff is alive, and thus, it constitutes a testamentary gift by bearing the Plaintiff’s obligation to allow F and G to enjoy profits from H apartment and the instant I commercial building. 2) Accordingly, G paid monthly rent income of this case to the Plaintiff on December 3, 1993 to May 3, 2012, from the time when G died.

In addition, after G dies, the defendant's share in the defendant's inheritance (3/7) among the monthly income of the I commercial building of this case to the plaintiff until February 2014.