1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. D is in excess of its obligation against the Plaintiff by taking account of the final and conclusive judgment in the Seoul Central District Court Decision 2012Da5034385 claim amounting to KRW 727,478,308 and each damages for delay.

B. D: (a) the deceased deceased on September 12, 2015; (b) on October 8, 2015, the deceased reported the renunciation of inheritance to the Seoul Family Court; and (c) on January 22, 2016, the said report was accepted.

C. Around that time, D and the Defendants entered into an agreement on the division of inherited property with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is inherited property (hereinafter “instant agreement on division of inherited property”).

The Defendants completed the registration of ownership transfer with respect to the instant real estate on September 12, 2015, based on the inheritance by agreement and division as of March 31, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including various numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is that Nonparty D, who had already been in excess of his/her obligation, renounced his/her right to share of inheritance in the process of concluding the agreement on the division of inherited property of this case, thereby reducing the joint collateral for

The agreement on the division of the inherited property of this case constitutes a fraudulent act by bad faith and thus ought to be revoked. The Defendants should pay to the Plaintiff the amount as stated in the purport of the claim as compensation for damages for restitution.

3. The waiver of the inheritance is retroactively effective at the time of commencement of the inheritance (Article 1042 of the Civil Act), and the renouncer is deemed to have never been an inheritor (see, e.g., Supreme Court Order 2003Ma988, Aug. 11, 2003). Therefore, the waiver of the inheritance is made between the co-inheritors except the renouncer, while the report of renunciation of inheritance was not yet filed or has not yet been accepted by the court.