1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the executor of H’s will who died on July 6, 2012.

The Defendants are Defendant B’s inheritors, and Defendant C, D, and E are children of H.

B. On May 14, 2003, H, prior to his death, bequeathed 1,640 square meters prior to the death of Jeju, and 1,644/5,279 shares prior to the Jeju-si G, which were in total 5,279 square meters prior to the Jeju-si G (hereinafter “instant land”). A testamentary document stating that the Plaintiff shall be designated as an executor (a testamentary deed No. 864, the document No. 2003, the document No. 864, the document No. 2003; hereinafter “instant authentic deed”).

C. On May 13, 2013, the following day after H’s death, the Defendants completed the registration of ownership transfer in the purport of the claim on the grounds of inheritance by agreement and division as to each of the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The executor of the judgment on the cause of the claim has the right and duty to manage the property which is the object of the testamentary gift and to perform other acts necessary for the execution of will, and the act is also included in preservation. According to the above facts, the Defendants completed the registration of transfer of ownership as to the land of this case against the purpose of the testamentary gift of this case. Thus, the Defendants are obligated to perform the procedure for cancellation of the above transfer of ownership

B. As to the defendant's assertion, etc., the defendants argued that the notarial deed of this case was prepared by Gap and J without the qualification of witness, and that the will of this case is invalid. However, the testimony of witness E is insufficient to recognize it, and there is no other evidence to acknowledge it, and therefore, the above part of the defendants' assertion is without merit.

In addition, the Defendants, after preparing the instant notarial deed, are between K and K, one of whom is one’s mother on April 28, 201 by the network H.