A. The Plaintiff and the Defendant are children of the deceased C (hereinafter “the deceased”).

B. On January 22, 2010, the Deceased completed the registration of ownership transfer in the name of the Plaintiff on the grounds of donation on the same day with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the same day, and on March 3, 2010, a notary public drafted a notarial deed with the content that the property under his/her name will be bequeathed to the Plaintiff by a law firm cable.

C. Accordingly, the Defendant filed a lawsuit claiming ownership transfer registration against the Plaintiff on July 19, 2013 on the ground that the Seoul Western District Court 201Kadan8716 was the cause of the claim for the infringement of legal reserve of inheritance, and sentenced the Defendant to the judgment on July 19, 2013 that “the Plaintiff shall implement the procedure for ownership transfer registration due to the refund of each legal reserve with respect to the 1/8 portion of each of the instant real estate.” The said judgment became final and conclusive around that time.

Until now, the Defendant does not cooperate in implementing the procedure for the registration of ownership transfer for 1/8 shares of the instant real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to take over the registration procedure for transfer of ownership on March 4, 201 with respect to the portion of 1/8 of the instant real estate from the plaintiff.

The defendant asserts that the plaintiff cannot respond to the plaintiff's claim until the plaintiff reimburses the secured debt of the right to collateral security, since the plaintiff completed the establishment registration of collateral on each of the instant real estate after the plaintiff donated each of the instant real estate from the deceased.

However, where a third party acquires a mortgage, superficies, etc. on the subject matter after donation or testamentary gift, the person liable for return shall restore the subject matter to the state where there is no restriction on mortgage, etc. because it is impossible or substantially difficult to return it.