1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Basic facts

A. The deceased on March 10, 2004 (hereinafter “the deceased”). The deceased on March 10, 2004 (hereinafter “the deceased”)’s heir had wife C, the Plaintiff, and the designated parties (hereinafter “Plaintiffs, etc.”) indicated as “Plaintiffs, etc.” when they jointly refer to the Plaintiff and the designated parties), on November 15, 1994, I, the wife of the deceased Hanam H, and J and K, the children of the deceased Ha.

B. On October 4, 2003, the Deceased drafted a testamentary gift to testamentary gift of the instant real estate to J. The J completed the ownership transfer registration based on testamentary gift on March 10, 2004 (hereinafter “instant ownership transfer registration”) with the receipt of No. 12323 on August 20, 2004, the Daegu District Court of Law No. 12323 regarding each of the instant real estate.

C. On November 27, 2007, J completed the registration of creation of a neighboring mortgage to the Defendant (hereinafter “registration of creation of a neighboring mortgage of this case”) with respect to each of the instant real property on the basis of the maximum debt amount of KRW 36 million, the debtor I and the mortgagee as the Defendant.

Plaintiff

In filing a lawsuit against J against the Daegu District Court Kimcheon-ro 2010Kadan1056, the Plaintiff sought the cancellation of the ownership transfer registration of this case and the return of legal reserve in preliminary order on October 18, 2012 from the appellate court ( Daegu District Court 2011Na13249) on the premise that the legacy of the deceased is null and void. On October 18, 2012, the appellate court dismissed the Plaintiff’s primary claim, and the appellate court accepted the preliminary claim, and the appellate court, upon accepting the preliminary claim, rendered a judgment that the Plaintiff et al. performed each procedure for the registration of ownership transfer of each of the instant real estate as of May 3, 2010 (hereinafter “prior judgment”), which became final and conclusive through the appellate court (Seoul District Court 2012Da106591).

E. On July 23, 2013, the Plaintiff et al. filed a share transfer registration in accordance with the preceding judgment with respect to each of the instant real estates at KRW 17,625,356/27,873,000, among each of the instant real estates.

(hereinafter referred to as “each of the shares in this case”), which the Plaintiff acquired ownership, etc. (hereinafter referred to as “the ground for recognition”), does not dispute.