1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant and the Plaintiff for retrial).

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff and Defendant C, D, and Co-Defendant G in the first instance trial (hereinafter referred to as “G”) are siblings between H and I’s children. Defendant B is the husband of Defendant C, and Defendant J in the first instance trial (hereinafter referred to as “J”) is the husband of G.

H died on November 5, 201, and I died on September 25, 2015.

B. On September 25, 2013, the Plaintiff filed a lawsuit against the Defendants, J, and G seeking payment of inheritance or legal reserve of inheritance following H’s death (Seoul Central District Court 2013Gahap71277), and against this, the Defendant C filed a counterclaim against the Plaintiff seeking payment of inheritance (Seoul Central District Court 2013Gahap71284). On June 20, 2014, the first instance court accepted the Plaintiff’s principal claim against G and part of the Plaintiff’s counterclaim claim against the Defendants and J, and rendered a judgment dismissing all of the Plaintiff’s claims against the Defendants and J.

C. The Plaintiff and G appealed against this and filed an incidental appeal (Seoul High Court 2014Na3425, 34432 (Counterclaim)). However, on April 1, 2016, the court prior to the retrial rendered a judgment dismissing both the Plaintiff’s appeal and the Plaintiff’s respective principal claim and G’s appeal expanded by the said court, and accepting the claim for a counterclaim added to the incidental appeal by the said court (hereinafter “the judgment subject to review”), and the Plaintiff was served with the original judgment subject to review on April 7, 2016.

Although the Plaintiff filed a final appeal against this, the lower judgment was dismissed on July 29, 2016 (Supreme Court Decision 2016Da21339, 21346). The lower judgment became final and conclusive on August 4, 2016 by the Plaintiff upon receiving the original judgment of the lower court.

2. Determination on the legitimacy of the litigation for retrial of this case

A. The plaintiff's assertion