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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff, Defendant B, C, and D are children of the deceased F (the deceased on December 11, 2015, hereinafter “the deceased”) (Defendant B, Defendant C, Defendant C, Defendant C, and Defendant D’s younger children, and Defendant B and C’s younger children). Defendant E is children of Defendant B.
B. On February 18, 2008, a testamentary document (hereinafter “notarial deed 1”) was prepared on November 16, 2009 by a notary public stating that the deceased shall testament the Plaintiff with the land listed in the attached Table 1 (hereinafter “instant land”) and the building listed in the attached Table 2, which is the above ground building (hereinafter “building 1”) as indicated in the attached Table 2, and the building listed in the attached Table 3 (hereinafter “building 2”), and the building listed in the attached Table 3 (hereinafter “instant building”). On November 16, 2009, a testamentary document (hereinafter “notarial deed 2”) was prepared by a notary public stating that the deceased would testament the Defendants of the instant land and the building that is the above ground building.
C. However, around October 3, 1969, the building No. 1 of this case was already destroyed, and on April 15, 2010, the deceased drafted a written confirmation to the effect that he excluded the Plaintiff from the legacy of the building No. 2 of this case to his children.
Of the instant land, the registration of ownership transfer based on legacy was completed on December 11, 2015, by the Busan District Court, No. 2308, which was received on January 27, 2016, with respect to each of the instant 1/4 shares. On the other hand, with respect to the instant building No. 2, the registration of ownership transfer as stated in the conjunctive claim was completed on December 11, 2015 in the Plaintiff’s future.
E. Meanwhile, at the time of death, the Deceased did not have any property owned by the instant land and any other property than the instant building No. 2, or any other obligation incurred.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Gap evidence 4, Eul evidence 1, 3, and Eul evidence 4-1.