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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. E, F, G, H, D, Defendant B, and K were born between I and J, and they were registered as the natural father’s children on the former family register between K and J, and J filed a lawsuit seeking confirmation that there is no parental relation between E, F, G, H, D, Defendant B, and K (C Law No. 2007ddan27257) and was rendered a favorable judgment on July 21, 2008.
B. E, F, G, H, D, Defendant B, and A filed a suit of recognition claim against I, and the said judgment became final and conclusive on July 16, 2009, and the family register was corrected on July 28, 2009.
C. On February 7, 2008, I died, E, F, G, H, D, Defendant B, and Q on December 1, 2009, the first real estate listed in the separate sheet (hereinafter “instant first real estate”) was owned by Defendant A, and the second real estate listed in the separate sheet (hereinafter “instant second real estate”) and Taesung-gun L, M, N,O, P, and Q were owned by Defendant B (hereinafter “instant agreement on division of inherited property”). On June 8, 2011, the ownership transfer registration under the instant agreement was received on June 8, 201 under the title of Suwon District Court’s registry office (with respect to the instant first real estate, the ownership transfer registration under Defendant A’s name was received on June 8, 201, with respect to the instant second real estate, and the ownership registration under the name of Defendant B, with respect to the instant real estate under the name of the registry office of Suwon District Court, No. 87884, Jun. 8, 2011.
On September 8, 2011, Defendant B donated the instant Real Estate No. 2 to Defendant C, one’s spouse, and completed the registration of ownership transfer (hereinafter “instant third registration”) on September 9, 201 by the Suwon District Court’s Sungsung Registry on September 9, 2011.
E. The plaintiff filed a lawsuit against D to claim the amount of indemnity (Seoul District Court Decision 2002Kadan2002Gadan2002) and on June 25, 2002, "D" is 19% per annum from January 11, 2001 to the date of complete payment with respect to 107,327,109 won and 71,252,294 won among them.