A. The deceased F (Death on July 14, 2013, hereinafter “the deceased”) left the Plaintiffs and the Defendant as their children between the deceased G (Death around September 28, 2005) and the deceased.

B. On February 22, 2005, the Defendant completed the registration of ownership transfer on February 5, 2005 with respect to each real estate listed in the separate sheet, which was owned by the Deceased (hereinafter “instant real estate”).

C. The Deceased did not have positive and negative property at the time of death.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiffs’ assertion 1) did not have positive or negative property at the time of the death. The Defendant donated the instant real property, which was the only property of the Deceased. The Plaintiffs became aware of the fact that the Defendant donated the instant real property from the Deceased in the course of consultation on the division of inherited property around February 2016. 2) The Defendant did not bear school expenses and money for the Plaintiffs, and did not contribute to the formation and maintenance of the instant real property. Therefore, the Plaintiffs’ claim for the return of the forced portion violates the principle of good faith is without merit.

B. The gist of the Defendant’s assertion 1) knew of the fact that the deceased donated the instant real estate to the Defendant at the time of the donation of the instant real estate, and discontinued contact with the deceased or the Defendant. In addition, even in the process of distributing the donation after the death of the deceased, only a small amount of the donation was distributed on the ground that the Defendant received the instant real estate donation. Therefore, the extinctive prescription expired since the Plaintiffs’ right to claim the return of the forced portion was exercised one year after the date of the deceased’s death. 2) Since 1970, the Defendant provided a considerable portion of the deceased’s benefits to the deceased’s husband and wife. The deceased used it as school expenses and rent, etc. of the Plaintiffs, and the Defendant gave birth to the Plaintiffs until their marriage.

The Plaintiffs are the Plaintiffs.