A. The plaintiffs and the defendant are children between the deceased H (Death of July 30, 2005) and the deceased I (Death of January 22, 2001).

B. H, on May 18, 2005, donated K apartment L L (hereinafter “instant real estate”) owned by it to the Defendant and completed the registration of ownership transfer on May 18, 2005.

C. On October 5, 2007, the Plaintiffs completed the enforcement on October 8, 2007, upon receiving a decision of provisional disposition prohibiting the disposal of the right to claim the transfer of ownership based on the right to claim the return of legal reserve of inheritance as the preserved right.

(hereinafter “Provisional Disposition of this case”). [The ground for recognition: Facts without dispute, entry of Gap evidence Nos. 1 and 2, purport of the whole pleadings]

2. The parties' assertion

A. Since the plaintiffs' legal reserve of inheritance was infringed by transferring the real estate of this case, which is the only property of the plaintiffs H, to the defendant, the defendant is obligated to complete the registration of transfer of ownership based on the return of each of the 1/14 shares of the real estate of this case.

B. The Defendant consented to the donation of the instant real estate on the condition that the Defendant bears H’s hospital expenses.

Therefore, the Plaintiffs, at the time of donation (as of May 18, 2005) or H’s death (as of July 30, 2005) or late, were aware of the fact of donation on August 4, 2005 that the Defendant borrowed the instant real estate to the Plaintiff as collateral and transferred KRW 7,700,000 to the Plaintiff B. Thus, the Plaintiffs filed an application for a provisional disposition of this case more than one year, and the extinctive prescription of the right to claim the return of the forced portion was expired at the time of application

In addition, prior to the filing date of the instant lawsuit ( July 2, 2019), the ten-year prescription period of “10 years from the date of donation” had already expired.

3. First of all, there is no evidence that the Plaintiffs knew of the donation at the time of the instant donation or at the time of the commencement of inheritance.

Next, regarding the assertion that when the plaintiff B received a secured loan, he/she was aware of the donation.