1. All appeals by Defendant C, E, F, G and H are dismissed.

2. The costs of the lawsuit after the filing of the appeal shall be Defendant C, E, F, G, and H.

1. Case summary and the presumed factual basis

A. The summary of the instant case pertains to the Defendants. The Plaintiff: (a) was bequeathed by a will from the deceased I (hereinafter “the deceased”); (b) the Defendants asserted that the inheritance registration was completed with respect to each of the inheritance shares in the instant real estate after the deceased’s death; and (c) sought implementation of the procedure for ownership transfer registration based on testamentary gift with respect to each of the inheritance shares in the instant real estate.

The judgment of the court of first instance accepted all the Plaintiff’s claims against the Defendants, and Defendant C, E, F, G, and H (hereinafter “B money Defendants”) appealed against the part against which the Defendants lost.

Meanwhile, if a testator does not designate an executor by will or commission a third party to designate an executor, an inheritor shall become an executor (Article 1095 of the Civil Act). If there exist several executors including the executor, the right to manage and dispose of the testamentary gift subject matter shall belong to several executors who jointly perform the joint duties of executing a will according to the principal place of will, and the right to manage and dispose of the testamentary gift subject matter shall be jointly and severally decided with the majority of the executor’s right to exercise the right to manage and dispose of the testament. Therefore, if there are several executors, it is reasonable to view all the executor of the will as an indispensable

(See Supreme Court Decision 2009Da8345 Decided June 24, 2011). In the instant case, the Plaintiff and the Defendants were the inheritors of the deceased, as seen below, and the deceased did not designate the executor by will or entrust the designation to a third party. As such, the Plaintiff and the Defendants, the inheritor of the deceased, become the executor of the deceased’s will. The instant lawsuit is the subject matter of testamentary gift obligation as to the instant real estate which the Plaintiff received as testamentary gift.