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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The plaintiff C is the deceased E (hereinafter "the deceased"), and the plaintiff A, B, and the defendant are the children of the deceased.
The Deceased died on February 13, 2013, and the Plaintiffs and the Defendant inherited the Deceased.
B. On January 2, 2013, the Deceased: ① 1/6 shares of each land listed in paragraphs (4) and (3) of the attached Table 2; ② 5/6 shares of each land to the Defendant; and 1/2 shares of each land listed in paragraphs (1) of the attached Table 1; ② notarial deeds of legacy to the Plaintiff B and A; ③ notarial deeds of legacy to the Plaintiff B and A of each apartment listed in paragraph (9) of the attached Table 9; ④ 1/6 shares of each land listed in paragraph (4) of the attached Table 3; 5/6 shares of each land; and 5/6 shares of each land listed in paragraph (5) of the attached Table to the Defendant respectively.
C. On February 28, 2013, the Plaintiffs entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant on the following: (a) the Deceased’s right to claim the transfer of ownership against F, G, and H on the land specified in paragraph (2) of the attached Table; and (b) the right to claim the transfer of ownership against F, G, and H; and (c) 5/6 of the ownership based thereon.
The Plaintiffs filed a claim against the Defendant for a trial on the division of inherited property (hereinafter “the case on the division of inherited property”) with the Seoul Family Court 2013Dhap3066, and asserted that each will of this case was null and void due to the lack of a notarial will under Article 1068 of the Civil Act in the above trial proceedings.
On May 9, 2016, the above court held a trial on the division of inherited property on the ground that “It is difficult to deem that the deceased did not have the ability to accurately understand the intent of the will at the time of the preparation of each will of this case, or that he did not accept the intent of the will.”