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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion is that the Plaintiff and the Defendants were the children of the deceased net F, who died on June 21, 2009. Nonparty G, the deceased son and Nonparty G, the deceased son of the Plaintiff, on behalf of the Plaintiff on June 16, 2009, renounced inheritance or gift shares to be received by the Defendants from the said F on behalf of the Plaintiff, and on June 16, 2009, the Plaintiff acquired F’s total debts related to each of the instant real estate, KRW 690 million (the debt amount, KRW 60 million, and KRW 90 million). However, G agreed to pay each of the Defendants KRW 50 million (hereinafter “instant agreement on division of inherited property”).
Accordingly, the said G paid the Defendants KRW 25 million each on June 16, 2009, and KRW 25 million each on October 25, 2010, respectively.
Nevertheless, the Defendants, even after June 21, 2009, failed to perform the procedures for the registration of ownership transfer of each of the instant real estate to the Plaintiff, seeking the implementation of the instant lawsuit.
Preliminaryly, even if the agreement on the division of the inherited property of this case was concluded before the death of the deceased, the Defendants are obligated to implement the procedure for the registration of transfer of ownership of each share based on the agreement on the division of inherited property around October 2010, since they received from the above G around October 2010, the remainder of KRW 25 million, excluding the remainder of KRW 25 million already received from the above G around June 2009, and agreed to waive inheritance.
B. Determination 1) In full view of the following facts: (a) the Plaintiff and the Defendants were children of the deceased net F, who died on June 21, 2009; and (b) G obtained the Plaintiff’s consent and the Defendants agreed on the division of inherited property. In full view of the following, the Plaintiff and the Defendants were acknowledged: (a) the Plaintiff and the Defendants agreed on the division of inherited property.