1. The plaintiff's primary claim against the defendants is dismissed.

2. Defendant B shall limit the property inherited from E.

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against E, including the payment of wages and retirement allowances, with this court’s 2004da19013, and the above court rendered a favorable judgment against the Plaintiff on July 6, 2004 that “E shall pay KRW 80,054,060 to the Plaintiff,” and the above judgment became final and conclusive around that time.

B. On September 25, 2005, E died, and there was Defendant C and D, who is the spouse of Defendant B and C, as the inheritor. Defendant B filed a report on a qualified acceptance of inheritance under the Sungwon District Court Branch of Sungwon District Court 2005Modan742, and the qualified acceptance report was accepted on October 31, 2005. Defendant C and D filed a report on the renunciation of inheritance under the Suwon District Court Branch of Sungwon Branch of 2005Modan743, and filed the said report on October 31, 2005.

C. The plaintiff is the above A.

The instant lawsuit was filed in order to extend the statute of limitations for the final and conclusive judgment.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 1 and No. 2, and the purport of the whole pleadings]

2. Judgment as to the main claim

A. As the Plaintiff’s assertion E dies, Defendant B’s spouse’s 3/7 shares and Defendant C/D’s 2/7 shares each are jointly inherited at the ratio of 34,308,882 won (80,054,060 won x 3/7), Defendant C, and D are liable to pay damages for delay calculated at the rate of 20% per annum from the day following the date of the instant judgment to the day of full payment.

B. (1) Determination is based on the facts that the above report was accepted by Defendant B by filing a qualified acceptance report, and the facts that Defendant C and D reported each renunciation of inheritance and each of the above reports were accepted as seen earlier. As such, the Plaintiff’s primary claim based on the premise that Defendant B succeeded each to the property by simple acceptance, Defendant C and D is without merit, as it is without need to further examine.

(2) As to this, the Plaintiff made an agreement on the division of inherited property with respect to the size of 827 square meters, which was owned by E, to be owned by Defendant B. Accordingly, the Defendant is therefore liable.