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1. The Plaintiff:
A. As to the real estate listed in the annexed sheet No. 1, Defendant B is entitled to two-eight shares.
Reasons
1. Basic facts
A. E and F have both the Plaintiff (G) and H (I) as both women, respectively.
B. On June 15, 1980, the real estate listed in the Attachment No. 1 List owned by E (hereinafter “real estate No. 1”) was registered for inheritance on the part of F on the ground of the death of E on June 15, 1980, 3/8 shares in F, 2/8 shares in the Plaintiff, and 3/8 shares in H. As to the Plaintiff’s shares, on the ground of donation on February 21, 1983, Busan District Court Decision No. 15452, Feb. 24, 1983, the entire transfer of H’s shares was registered.
(hereinafter referred to as the “instant gift contract”) with respect to the donation which was the cause of the said registration.
After all, the FF’s transfer registration for the entire share in the name of Defendant C was made on March 8, 2006 on the ground of donation with respect to the portion of 3/8 of FF with respect to the real estate No. 1 in the instant case under the name of Defendant C as of March 8, 2006. As to the portion of 5/8 of H with respect to the said real estate, the entire share transfer registration under Defendant B was made on August 28, 2007 under the name of Defendant B as of August 28, 2007.
The registration of ownership transfer in the name of H was made on March 8, 2006 on the grounds of donation on March 7, 2006 by the Busan District Court Decision 18128, which was received on March 8, 2006, and on August 27, 2007, the registration of ownership transfer in the name of Defendant B was made on August 28, 2007 by the receipt of No. 66264 on August 28, 2007.
E. F died on April 17, 2016. ① Defendant B, Defendant C, and D, the deceased’s heir of the deceased H (Death), were the substitute heir, and ② the Plaintiff became the deceased F’s co-inheritors.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1, 4-1 to 3, and the purport of the whole pleadings
2. The plaintiff's assertion
A. At the time, F applied for registration of cancellation based on an invalid gift, as the legal representative of the Plaintiff, who was a minor, donated 2/8 of the Plaintiff’s share to H as to the instant real estate No. 1.