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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The chairperson of the D Group died on April 9, 1982, and the plaintiff is the deceased's son, and the defendant is the deceased's son.
Co-inheritorss and their inheritance shares on the deceased’s property shall be as shown in the attached sheet.
B. On June 23, 1999, on the land indicated in the purport of the claim (hereinafter “instant land”), which was originally owned by the deceased, the registration of transfer of each share arising from inheritance was completed under the name of 15 co-inheritors including the Plaintiff and the Defendant. One of the affiliates of the D Group Group, G Co., Ltd. (H Co., Ltd. prior to the change of trade name; hereinafter “G”) in which the two-son F of the deceased’s representative director is the representative director (hereinafter “G”) was donated by the deceased on July 31, 1999, completed the registration of provisional injunction against the above co-inheritors on the ground that the land was donated by the deceased on July 31, 1999.
C. On July 19, 2002, the Plaintiff and the Defendant entered into an agreement with the following terms (hereinafter “instant agreement”) for the restoration and preservation of inherited property, including the instant land. Accordingly, on September 2, 2002, the Defendant completed provisional registration on September 2, 2002 as to the Defendant’s inherited shares equivalent to 84/1,320% of the Defendant’s inherited shares among the instant land, 84/1,320, based on the Plaintiff’s wife I’s promise to sell.
1. The plaintiff shall bear all expenses incurred in relation to the preservation and recovery of inherited property, such as stamp expenses, attorney's fees, expenses for the promotion of business, and withdrawal equipment, and the defendant shall pay to the plaintiff the share to be borne by himself out of the expenses after the inherited property is preserved and recovered pursuant to paragraph 4 below.
However, in case where the plaintiff failed to preserve and recover the inherited property, the whole expenses shall be borne by the plaintiff and the defendant cannot be claimed for reimbursement.
The plaintiff is not successful in the preservation and recovery of inherited property, such as the loss in the trial.