1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff, the deceased’s decedent C (hereinafter “the deceased”), to remove the Plaintiff’s decedent D’s land (hereinafter “the instant housing”) and deliver the part of the land, and to pay unjust enrichment calculated by the ratio of KRW 200,000 per month from July 16, 2008 to the date on which the transfer of the said land was completed. On July 15, 2008, the deceased did not submit a written reply despite being served with the above written complaint on July 15, 2008 and did not submit a written reply, and the above court rendered a ruling that all of the Defendant received the Defendant’s claim on September 24, 2008 (the Daejeon District Court Branch Branch Decision 2008Ka658, hereinafter “the instant judgment”).

On November 21, 2008, the above court served the deceased with the instant judgment by means of service on November 21, 2008, because it did not serve the written judgment on the deceased, but did not serve the written judgment on the deceased.

B. The Deceased died on June 9, 2014.

C. On January 15, 2015, the Defendant applied for the grant of the succeeding execution clause to this court for compulsory execution against the property of the deceased’s inheritors, including the Plaintiff. This court issued the succeeding execution clause to the Plaintiff on January 27, 2015, and the certified copy of the succeeding execution clause was served on the Plaintiff on January 29, 2015.

On February 23, 2015, the deceased et al.’s successors, including the Plaintiff, filed an application for adjudication on the limited acceptance of inheritance under the Seosan Branch of Daejeon Family Court 2015 Modan73, and the said court rendered a judgment on April 9, 2015 on acceptance of the above report on the qualified acceptance (hereinafter “instant adjudication on the qualified acceptance”).

At the time of the adjudication on qualified acceptance, the Plaintiff reported that there was no property owned by the deceased, and reported “the Defendant’s obligation to pay land usage fees according to the judgment of this case” as the deceased’s obligation.

On April 30, 2015, the above court: (a) upon the Plaintiff’s application, etc. on April 30, 2015, the list of inherited property in the instant case’s qualified acceptance judgment is positive property “the instant house; and (b) the small property “in accordance with the instant judgment,