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1.The primary claims added by this Court and the preliminary claims modified by this Court.
Reasons
1. Basic facts
A. D (hereinafter “the deceased”) died on February 13, 2009, and his heir is the Plaintiffs, Defendant, E, and F, who are their children.
B. The registration of ownership transfer was completed for each real estate listed in [Attachment 1] paragraphs (1) through (4) of [Attachment 1] owned by the deceased on the ground of “the donation on October 11, 2006.” (C) The registration of ownership transfer was completed for each real estate listed in [Attachment 1] paragraphs (5) through (10) of [Attachment 1] owned by the deceased on the ground of “the legacy on February 13, 2009.”
At the time of death, there was no obligation against the deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 10, 12, 43 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiffs' assertion 1) / [Real Estate Part] The deceased's each real estate listed in the separate sheet No. 1 (hereinafter "each real estate of this case") is indicated as "real estate No. 1 of this case" when specifying the real estate listed in the separate sheet No. 1 of this case.
A) At the time of donation or testamentary gift to the Defendant, the Defendant had no mental capacity due to cerebral blood, etc., and the Defendant completed the registration of ownership transfer for each of the above real estate by forging and altering the documents necessary for donation and testamentary gift using the status of the deceased’s clerical capacity. Therefore, since the donation and testamentary gift made by the deceased to the Defendant is null and void because they did not result from the deceased’s will, the Defendant is obligated to cancel each registration of ownership transfer for each of the instant real estate under the name of the Defendant. (2) [the part of money such as deposit and real estate disposal disposition] [the Defendant] KRW 11,824,180,910 (a) through (d) below] (i.e., KRW 10,912,09 (10,912,097,000) of the deceased’s death and the Defendant’s withdrawal money from the Defendant’s spouse of KRW 527,136,960, KRW 45,5488).