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1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, 50% is assessed against the Plaintiffs, and the remainder is assessed against the Defendant.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, Gap evidence No. 7, and Eul evidence No. 9:
1) As the Plaintiff A and the Defendant’s father died on December 1, 1981, the property at the time of D’s death was inherited to D’s children in the following proportion. The property at the time of D’s death was inherited to Defendant 6/16 (1.5) Family heir E 4/16 (1) male and female G1/16 (0.25) who is not within the same family unit, and is not within the same family unit, and was deceased on April 25, 2011, Plaintiff A4/16 (1). The property at issue was inherited to Plaintiff B solely by the Plaintiff.
3) The Yongsan-gu Seoul Special Metropolitan City H large 92.6 square meters and its ground wood and extract extract evaluation 14 square meters and 14 square meters and 14 square meters (hereinafter “each real estate of this case”).
(B) On April 22, 2014, the Plaintiffs, the Defendant, and the F, and G, filed the instant lawsuit to the effect that the registration of ownership transfer was completed based on each inheritance share due to the inheritance on the property inheritance on December 2, 1981 in the names of the Plaintiffs, the F, and G. (B) On May 30, 2014, the Plaintiffs filed the instant lawsuit against the Defendant, against the Defendant on May 30, 2014, to the effect that the Defendant received an exclusive management of each of the instant real estate, which is the co-owned property of the inheritors, and obtained profits exceeding the scope of their own share and sustained damages equivalent to their respective co-ownership, thereby returning the said property
2) Thereafter, on June 9, 2014, the Plaintiffs filed a petition for the adjudication on the division of inherited property with the Seoul Family Court 2014-Mahap133 against the Defendant, F, and G on June 9, 2014. Accordingly, on October 17, 2014, the Defendant filed a claim against the Plaintiffs for the adjudication on the contributory portion under the same court 2014-Ma237 (hereinafter collectively referred to as “instant non-contentious family case”).
(3) On May 8, 2015, the instant non-contentious family case is as follows.