1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The plaintiffs are children between D and E, which are their former wife, and the defendant is the legal spouse of D and D after the report of divorce between D and E on August 29, 1990.

B. D, on October 2, 2016, each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”), died (hereinafter “the deceased”).

C. After the death of the deceased, the Plaintiffs and the Defendant completed the registration of ownership transfer with respect to the instant real estate based on inheritance on October 2, 2016, based on their respective inheritance shares on November 7, 2016 and Defendant 3/7 shares, respectively.

On the other hand, on February 17, 2017, the Defendant filed a claim for a contributory portion and a claim for a division of inherited property against the Plaintiffs on February 17, 2017 with the Incheon Family Court 2017-Ma1009, and the above case continues to exist, and the list of property subject to division

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1 to 4, 6, 8 (including paper numbers), the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The relationship of co-ownership of inherited property differs from that of general co-inheritors in terms of common co-ownership in terms of co-ownership with a provisional character to maintain the phenomenon of inherited property until each inheritor becomes a sole owner of inherited property through division. As such, in a situation where co-inheritors fail to reach an agreement on the division of inherited property or cannot reach such agreement itself, registration of ownership transfer has been completed due to inheritance of inherited property.

Even if co-inheritors fail to reach an agreement on the division of inherited property between co-inheritors or are unable to reach an agreement, they may file a claim for adjudication on division of inherited property with the family court as prescribed by the Family Litigation Act, and each of them belongs to inherited property.