1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

1. Basic facts

A. C (hereinafter “the deceased”) died on September 26, 2014, and the Plaintiff is a fourth parent among six children of the deceased, and the Defendant is the third parent of the deceased.

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was acquired on March 20, 2007 by the deceased. As to the instant real estate, the ownership transfer registration under the name of the Defendant was completed on December 21, 2012, which was based on sale as of December 201, 2012, No. 59159, Dec. 20, 2012 (hereinafter “instant ownership transfer registration”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Summary of the plaintiff's assertion

A. Although the ownership transfer registration of this case was not executed by the actual sales contract, it was invalid without cause by using the deceased’s dementia symptoms. Thus, the defendant is liable to implement the procedure for cancellation registration of ownership transfer registration of this case against the deceased.

B. Preliminary Claim 1) Even if the transfer registration of ownership in the name of the Defendant was lawful, the Defendant donated the instant real estate from the Plaintiff. As such, the Defendant is obligated to return the Plaintiff, as a legal reserve of inheritance, KRW 41,66,666,66, which corresponds to KRW 1/12 of the market value of the instant real estate (=50,000,000 x 1/6 of the inheritance x 1/6 of the inheritance x 1/2 of the inheritance). 2) Since the Defendant succeeded to KRW 100,00 from the deceased immediately before the death of the deceased in the form of donation, the Defendant is obligated to return among them to the Plaintiff 16,66,666 (=10,000 x 1/66 of the Plaintiff’s inheritance portion.

3. Where the registration of ownership transfer is completed with respect to real estate determined as to the primary claim, the registrant of the registration shall be presumed to have acquired ownership through legitimate procedures and causes, and thus, the grounds for invalidation shall be asserted and proved in the dispute (see, e.g., Supreme Court Decision 2009Da105215, Mar. 13, 2014).