The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

According to the overall purport of evidence evidence Nos. 1 through 3 (including each number) and change theory, Defendant B is the former spouse of Defendant B and D, who is the Plaintiff’s son, and Defendant C is the son of Defendant B, and the Plaintiff donated 1/3 of each of the real estate listed in the separate sheet to D and the Defendants on March 20, 2019 (hereinafter “the gift of this case”). On March 22, 2019, the registration of the transfer of ownership indicated in the purport of the claim was completed between Defendant B and D, the establishment of divorce adjustment was completed on December 2, 2019; Defendant C filed a claim against Defendant B for the establishment of a collateral security right to the maximum amount of claims for each of the above real estate as a total of KRW 50 million on December 4, 2019.

The Plaintiff: (a) although Defendant C, the grandchildren, did not actually entered the department of tax affairs at E University management, he believed that he was aware of his mistake or D and the Defendants’ deception, thereby completing the registration of the transfer of ownership; and (b) further, Defendant C had completed the registration of the establishment of the right to collateral security with Defendant C’s false indication.

As a claim for restitution following the cancellation of the gift of this case, the above ownership transfer registration and the cancellation of the registration of creation of the right to collateral security is sought.

However, only the testimony of evidence Nos. 4, 7, and 9 and witness F, D and the Defendants pretended to the Plaintiff to “the fact that Defendant C entered the department of tax affairs at Defendant E University,” thereby deceiving the Plaintiff, or the Plaintiff made the instant donation in accordance with mistake as to the above facts.

It is difficult to see, and there is no other evidence to acknowledge it.

Therefore, on a different premise, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.