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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
(a) A, the Defendant, and the F are the successors of the network G;
G owned a land of 1487m2 (hereinafter “instant land”) in Incheon Bag-gun, H, Incheon, and died on April 20, 1962.
B. On November 28, 2008, the inheritance registration was completed for each inheritor on the instant land. On November 28, 2008, A came to own 31,621,590 shares; A 3,737,097 shares; A 31,621,621,690 shares; A 1,245,690 shares; A 31,621,590 shares; A 31,621,590 shares; and F came to own 6,228,495 shares; Defendant 31,621,590 shares; and Defendant 653,562 shares.
C. On August 29, 2012, the Defendant sold the instant land to K for purchase price of KRW 500,000,000 on behalf of each inheritor, and completed the registration of ownership transfer on September 4, 2012. At that time, the Defendant received from K the payment of KRW 500,00,000 from K for purchase price and distributed KRW 335,332,248, excluding the expenses for management of mountain, etc. among them, to each inheritor according to the inheritance shares.
At the time of the Defendant selling the instant land, the registration of attachment in Incheon Tax Office on December 20, 2010, the registration of attachment in Incheon Metropolitan City on May 16, 201, and the registration of attachment in Nam-gu Incheon Metropolitan City on February 2, 2012 was completed on February 2, 201, and the tax amount in arrears related to the above three registrations of attachment (hereinafter “instant registration of attachment”) was KRW 40,358,380 ( national tax (= KRW 34,768,940) and KRW 5,589,40).
E. On August 29, 2017, A filed the instant lawsuit against the Defendant, but died on January 28, 2018, during which the lawsuit was pending, and Plaintiff B, its wife, and Plaintiff C and D taken over the litigation proceedings on September 17, 2018.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiffs’ assertion 1) The Defendant distributed KRW 335,332,248 remaining 335,32,248, excluding the management costs of advance production, etc., out of the purchase price of the instant land to each inheritor, A, I, and J (hereinafter “A, etc.
amount corresponding to the shares of inheritance shall be distributed to such shares.