1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

The plaintiff purchased the building of this case from the deceased E (hereinafter referred to as the "the deceased"), and the defendant B is the deceased's wife, and the defendant C and D are the children of the deceased.

On February 3, 2016, the Plaintiff purchased the instant building from the Deceased, paid the purchase price, and completed the registration of ownership transfer on June 3, 2016.

On September 15, 2016, the Deceased died, and Defendant B and D filed a report on the renunciation of inheritance with the Busan Family Court 2016-Ma3851, and Defendant C filed a report on the renunciation of inheritance with the Busan Family Court 2016-Ma3608, respectively, and the above court accepted it.

At present, the instant real estate, which is a part of the instant building, is placed in corporeal movables, such as printing machines owned by the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including the provisional number) and the overall purport of the pleading, as to the defendants' objection to the defense before the merits of the lawsuit, since the defendants filed a report of renunciation of inheritance after the death of the deceased and accepted the report, the lawsuit in this case is unlawful as a lawsuit filed against a person who is not a party to the lawsuit, but in the lawsuit for performance, the plaintiff has the standing to be the defendant. The grounds for the defendants' assertion are only grounds for determination as a claim within the merits. Thus, the defendants' assertion cannot be accepted.

Since the assertion on the merits and the judgment of the Plaintiff occupied corporeal movables, such as printing machines owned by the deceased, without permission, by putting them on the instant real estate owned by the Plaintiff, the Defendants, the inheritor of the deceased, are obliged to deliver the instant real estate to the Plaintiff.

Article 1044(1) of the Civil Code provides that a person who renounces inheritance shall continue to manage the inherited property until the person who becomes an inheritor due to the renunciation becomes able to manage the inherited property.

The Defendants, in accordance with the above provision, shall be the deceased on the instant real property.