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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C received a payment order (hereinafter “instant payment order”) from the deceased on October 15, 2004 on the ground that it lent KRW 196,00,000 in total to the network D (hereinafter “the deceased”) and sought payment order for the above loan (hereinafter “instant loan”) and delayed payment damages therefor, and on October 15, 2004, “the deceased shall pay to C 196,000,000 won and 5% per annum from January 1, 1995 to the date of delivery of the original copy of the payment order, and 20% per annum from the next day to the date of complete payment,” and the above payment order was finalized at that time.
B. On November 13, 2004, C made a provisional attachment on the shares owned by the deceased among the land located in Tonsan-gu Seoul Metropolitan City E as the preserved right.
C. Around January 2009, the Deceased donated the Defendant and the designated parties, who are the couple of the children, one of the G language “F” in the phrase “F” (hereinafter “instant language”).
(hereinafter “instant donation contract”). D.
C On February 3, 2012, the Plaintiff transferred KRW 70 million out of the claim against C’s deceased, and notified the deceased of the transfer on the same day to the deceased, and around that time, the above notification reached the deceased. On April 9, 2012, the Plaintiff applied for the grant of the inheritance execution clause of KRW 70 million out of the claim amount of the instant payment order of KRW 196,000,000, and was granted on April 12, 2012.
E. On December 6, 2012, the Plaintiff filed a complaint with the deceased on the ground that the deceased did not enter the instant letters, etc., owned by the deceased in the list of property in the procedures for specification of the Plaintiff’s property (U.S. District Court Branch Branch 2012Kao3980). However, the Deceased did not enter the “1/5 shares out of H29,058 square meters of forests and fields H. 29,058 square meters in the previous North Korean forest and fields,” and “1/4 shares out of 28,463 square meters in I forest and fields in the previous North Korean forest and fields,” only on the facts charged that the deceased did not enter them in the list of property.