1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 25, 2014, the deceased C (hereinafter “the deceased”) had children between the deceased D (the deceased’s death before the deceased’s death) and the Plaintiff, Defendant, and E.

From April 12, 198, the deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”) from April 12, 198, and had a deposit claim, such as ordinary deposits, (hereinafter “instant deposit claim”) in the National Bank of Korea.

On June 20, 2014, the Deceased drafted a written testamentary gift (hereinafter referred to as the “instant testamentary gift”) to deliver all his/her property to the Defendant.

The instant real estate and the instant deposit claim are the entire property of the Deceased.

The Defendant filed with the Seoul Family Court an application for the approval seal on the instant testament, and on October 17, 2014, the Plaintiff stated that the content of the instant testament is different from the deceased’s will, and that it was deemed that it was made in a state where the deceased’s mental state was not fully developed, and thus, its validity cannot be recognized.

E, on November 17, 2014, filed a lawsuit against the Defendant seeking confirmation of invalidity of the instant will (hereinafter “related lawsuit”) by this Court 2014Gahap11032, and the Plaintiff participated in the relevant lawsuit on July 27, 2015.

Currently, the relevant lawsuit is pending in court proceedings.

Meanwhile, on June 24, 2015, the Plaintiff, Defendant, and E completed the registration of transfer of ownership based on inheritance as to shares 1/3 of the instant real estate. Of the instant real estate, the Defendant filed an application for provisional injunction to preserve the right to claim for cancellation of co-ownership based on inheritance with respect to the Plaintiff, E’s shares among the instant real estate under this Court by 2015Kadan3529, and received a decision of provisional injunction as of September 1, 2015, and completed the registration of provisional injunction on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), Gap evidence Nos. 6, 8, and 9, and the purport of the whole pleadings.