1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff lent KRW 12,700,000 to D.

B. However, as D (hereinafter “the deceased”) died on December 14, 2015, Defendant B and Defendant C, the deceased’s spouse, filed a petition for a trial on the limited recognition of inheritance under the Incheon Family Court Decision 2016-Ma441, and was adjudicated on March 31, 2016 to accept the Defendants’ report on the limited recognition of inheritance from the said court.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendants for the payment of each money equivalent to the Defendants’ inheritance shares among the above loans with the Incheon District Court 2016Gau108468. On July 10, 2017, the Incheon District Court rendered a judgment on July 10, 2017 that “within the limit of the property inherited from the Plaintiff, Defendant B shall be KRW 7,620,000, Defendant C shall pay the amount of KRW 5,080,000, and delay damages therefor,” and the said judgment became final and conclusive on July 29, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. The Plaintiff asserted that, even though Defendant B received inherited property from the deceased’s mother E due to the death of the deceased after the deceased’s death in cash and acquired Defendant B’s 401 on March 18, 2016 F No. 401, the Plaintiff was tried to accept the inheritance limited recognition report without reporting the above real property as the deceased’s active property at the time of the above inheritance limited recognition request, and thus, the above inheritance limited recognition report should be invalidated or revoked.

3. The adjudication on the acceptance of a report on the qualified acceptance of a report by the family court on the legitimacy of the lawsuit in this case is merely recognized as satisfying the requirements for qualified acceptance, and the final determination on the validity of a qualified acceptance of inheritance does not confirm the validity thereof, but is a matter to be decided in civil procedure according to the substantive law.

(See Supreme Court Decision 2002Da21882 delivered on November 8, 2002). Meanwhile, the supplementary nature of the lawsuit for confirmation is the supplement of the lawsuit for confirmation.