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

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

1. Basic facts

A. The plaintiff is a partner of D, and the defendants are children of D.

B. On June 28, 2012, D drafted a testamentary gift stating that the Plaintiff and the Defendants shall testament one-third share of the total amount of each of the KRW 1/3 equity (hereinafter “the instant will”) with respect to the E apartment No. 104, 201, Guro-gu Seoul, Guro-gu, Seoul (hereinafter “instant real estate No. 1”) and the preliminary installment savings and insurance proceeds.

C. D sells the instant real estate No. 1 to F and G on October 3, 2012, and purchased the purchase price on October 6, 2012, Guro-gu Seoul H building 101 (hereinafter “instant real estate No. 2”) and completed the registration of ownership transfer in its name on November 2, 2012.

D died on October 29, 2014.

E. On November 20, 2014, Defendant B completed the registration of ownership transfer on the instant real estate No. 2 in its name due to an inheritance by agreement and division. On November 27, 2014, Defendant B sold the said real estate to I in KRW 120,000,000.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 2's real estate of this case was disposed of by the deceased and purchased at the price for the real estate No. 1 of this case. Thus, it shall be subject to testamentary gift based on the subrogation of testamentary gift under Article 1083 of the Civil Code. Since the defendant 2 sold the real estate of this case in KRW 120,000,000, the plaintiff 1/3 of this case should be returned from the defendants.

In addition, according to the will of this case, the plaintiff shall receive the amount of money equivalent to 1/3 of the co-inheritors, as co-inheritors, from the defendants.

B. Since the Defendants D prepared the instant testamentary document and conducted an act of disposal contrary to it before the birth, the entire or at least part of the instant will on real estate 1 ought to be deemed to have been withdrawn.

On the other hand, the Defendants are 1/3. of the towing deposits in the deceased’s name.