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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 25, 2011, D, who was the owner of the instant land and building, died on April 25, 2011, on the land in Jung-gu Seoul and the 5th floor neighborhood living facilities and housing (hereinafter “instant land”) of the 5th floor roof of the concrete structure of the instant land and building (hereinafter “instant building”). D, which was the heir, made a will to the effect that the instant land and building will be bequeathed by 1/3 each to the Plaintiff, Defendant, and E, and accordingly, the Plaintiff, Defendant, and E completed the registration of ownership transfer as to the instant land’s share of 1/3 shares.
(3) Thereafter, the Seoul Central District Court 2013Gahap536361 decided May 16, 2014 (hereinafter referred to as the “decision on the refund of legal reserve of inheritance”) filed by F against the Plaintiff, Defendant, and E, and the said court shall pay F KRW 1,200,000 each month from June 30, 2014 to May 31, 2016. The Plaintiff shall implement the procedure for the registration of ownership transfer with respect to the instant land to F; the Plaintiff shall perform the procedure for the registration of ownership transfer with respect to the Plaintiff’s share of KRW 1/13 among the Plaintiff’s share of KRW 1/3; the Plaintiff’s share of KRW 1/13 among the Plaintiff’s share of KRW 1/3 shall be confirmed to F.” (hereinafter referred to as “decision on the refund of legal reserve of inheritance”).
A) The above decision was finalized around that time. The F completed the registration of ownership transfer on the Plaintiff’s share of 70482616/700 of the Plaintiff’s share with respect to the instant land on March 12, 2015. (4) From August 2011, the Defendant received rent from the lessee of the instant building while managing the instant building.
5) Meanwhile, the Plaintiff filed an application for conciliation of partition of co-owned property with regard to the instant land and building against Defendant, E, and F as the court 2015 money68962, and the said court rendered a decision in lieu of conciliation as follows on February 29, 2016 (hereinafter “instant conciliation”).