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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. The deceased J (hereinafter “the deceased”) married with the deceased K, who is the spouse, five children, including Plaintiff B, Defendant D, F, and deceased L (Death, July 5, 1994).
Defendant C is the spouse of Defendant B, Defendant E, and Defendant G are each spouse of the network L, and Defendant H and I are the deceased L.
B. After the deceased’s death, the deceased et al. opened a testament on March 21, 2014 at the intersection branch of the Korean bank, where the deceased et al. had been in custody, two testamentes as of December 4, 2008. Among which, on March 5, 2009, a notary public, who was certified as a deed signed by a private person signed by a law firm in the new villages (hereinafter “instant testament”). As of March 5, 2009, he/she inherited one half of the deceased’s entire property to the Plaintiff, who is the south of the deceased, and the rest one half of the two shall be divided into Defendant B, D, F, and H, and the remainder to Defendant D shall be more than 20%. However, the Plaintiff inherited the Plaintiff’s lease profit from the instant real estate and the sale price of the instant real estate to the Plaintiff, and the Plaintiff entered the contents of the instant will as Defendant BF, H, et al.
C. On March 29, 2014, the successors, including the Plaintiff, etc. re-consigned the text of the instant will to prepare an agreement on inheritance on March 29, 2014, and Defendant D signed the agreement stating that “I will give up 20% to the principal, but I will give up 20% to the principal and receive 5% only. I will give up 20% to the principal,” and Defendant C signed the agreement as the representative of Defendant B, stating that “I will pay 5% additional payment (the inheritance amount x 0.625%) to D,” and the rest of the inheritors signed.
Defendant B, D, etc. filed a complaint with the Plaintiff as embezzlement on April 2014, and the content thereof is as follows: “The Plaintiff” from September 26, 2005 to March 4, 2014, totaling KRW 2,542,92,592,592 from the deceased’s account in the name of the deceased.