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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff has no child between F and the married couple who completed the marriage report on December 5, 1990, and F and F.
D and Defendant C are F’s younger children, and Defendant B is F’s incidental children.
B. Around March 2004, F filed a divorce lawsuit against the Plaintiff, and the Plaintiff also filed a counterclaim against F to seek a divorce, and as a result, the lawsuit was initiated against F. F. F. F. A judgment ordering F to “the Plaintiff to pay consolation money of KRW 50 million for the Plaintiff and F and for the Plaintiff, KRW 130,787,150 for the division of property, KRW 130,787,150 for the division of property, and each delay damages for the said payment shall be paid to F. F. F. to the Plaintiff as division of property” [the Busan High Court Decision 2006Reu102 (principal lawsuit), 2006Reuu19 (Counterclaim); hereinafter “instant divorce judgment”). It was finalized on October 13, 2006.
C. On October 18, 2006, the Plaintiff and F’s legal representatives agreed to pay only KRW 146,623,152 to F, instead of the Plaintiff’s liability for taxes in arrears that F should transfer the registration of ownership transfer to the Plaintiff, with respect to the implementation of the divorce judgment of this case.
(hereinafter “instant agreement”). D.
The Plaintiff paid KRW 146,620,890 to the F’s legal representative in accordance with the instant agreement, and the legal representative transferred KRW 138,620,890, which remains after deducting contingent remuneration, etc. among them, to the three-party credit union account in the name of F (Account Number: H; hereinafter “instant account”).
E. However, F died on June 18, 2006 when divorce action was pending.
【Non-contentious facts, Gap’s evidence Nos. 1, 2, 3, and 5-1 through 3, 16-1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. As the gist of the Plaintiff’s assertion 1F died during the divorce lawsuit, the instant divorce judgment is deemed to be a party to which the deceased was a party and thus null and void as a matter of course.
D The F is in the name of F through I hiding the fact that the F died.