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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 17, 2005, the Defendant completed the registration of ownership transfer solely for testamentary gift on the buildings listed in the separate sheet (hereinafter “instant building”) owned by C.
B. On November 14, 2006, the Seoul Family Court 2006 Mahap106 Division, etc., filed by the deceased C’s heir against the other co-inheritors, the conciliation was concluded by dividing the shares of the deceased C among the entire building and the site of the building of this case, as the shares of the Defendant’s name, the shares of the Plaintiff 6/48, Defendant 34/48, D8, and D8/48 shares, among the entire building of this case and the site of the building of this case, and the shares of each network C among the land of Seoul Jung-gu F, G, and H.
C. Since then, the Defendant filed a lawsuit of partition of co-owned property (Seoul Central District Court 201Gadan202193) against the Plaintiff and D seeking to distribute the remainder after deducting the auction cost from the auction price by attaching the building of this case to auction sale (Seoul Central District Court 201Da201193).
In addition, the plaintiff and D filed a lawsuit against the defendant during the proceeding of partition of co-owned property (Seoul Central District Court 201Kadan378786).
From the conciliation procedure (Seoul Central District Court 201s. 2036826) of the lawsuit to return the above legal reserve of inheritance on December 16, 2011, "D and the Plaintiff shall actively cooperate with the Defendant with the sale of the land, 70.7 square meters in total, Do, 770.7 square meters in Seoul, Jung-gu, Seoul, and Do 770.7 square meters in total, and buildings on its ground, and the sales proceeds remaining after deducting taxes and public charges and necessary expenses from the total sales proceeds received from the buyer are distributed to the Defendant at the rates of 73.736%, 12.502%, and D13.7251%."
In addition, the plaintiff and D acknowledged the defendant's claim on April 5, 2012 in the lawsuit for partition of co-owned property.
E. As to the instant building on April 6, 2012 to J and K on March 2, 2012, the Defendant is as to each one-half share of the instant building on March 2, 2012.