1. The plaintiff's lawsuit of this case is dismissed.

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

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on December 13, 2015, and the heir is Defendant B, Plaintiff A, Nonparty E, F, G, and H, who is the wife.

B. At the time of the deceased’s death, the inherited property was 119 square meters in Nam-gu, Gwangju Metropolitan City, JJ 344 square meters in total, and 297/350 square meters in value, and 44.4 square meters in a single-story house on the above ground, and the market price of the above real estate (hereinafter referred to as “instant real estate”) is 1,214,000,000 won in total.

C. On January 8, 2016, the Defendant entered into a sales contract with Nonparty K and L with respect to the instant real estate, and completed the inheritance registration based on inheritance due to a division by agreement between the registration office of the Gwangju District Court on February 29, 2016 (No. 34187) and December 13, 2015, and completed the registration of ownership transfer based on sale to Nonparty K and L.

On January 20, 2016, the Defendant paid KRW 97,000,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 14, and 15, the purport of the whole pleadings

2. The Plaintiff’s assertion and the Defendant were the deceased’s inheritors, and the Defendant, without any authority, completed inheritance registration on the ground of inheritance division consultation and sold the instant real estate to a third party.

Therefore, even though the defendant should pay to the plaintiff 161,866,666 won (=1,214,00,000 won x 2/15) which constitutes the plaintiff's inherited shares x 97,000 won, the defendant is obligated to pay the remaining 64,866,666 won (=161,86,666 - 97,000,000 won) as unjust enrichment.

3. Determination

A. In cases where one claims for the cancellation, etc. of registration of real estate, which is inherited property, from a reference heir, or a reference heir, or from a third party who acquired a right to inherited property or entered into a new interest on the inherited property on the premise that he/she is the true heir, the claim for ownership of the property is based on inheritance.