1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Basic facts

A. On March 4, 2014, the Plaintiff was a legally married couple who completed a marriage report with Defendant C.

B. Defendant C filed a claim against the Plaintiff for judicial divorce and consolation money with the Incheon Family Court 2017ddan112737, and on January 11, 2018 between the Plaintiff and the Defendant C, the conciliation was concluded that “the Plaintiff and the Defendant C shall be divorced.” As division of property, the Defendant C shall carry out the registration procedure for transfer of ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) with respect to the Plaintiff at the same time as the Plaintiff moves out of the Nam-gu Incheon D apartment shop 105 and 106, and the Plaintiff shall be exempted from the Defendant’s secured obligation for the instant real estate, the lessee’s status as the lessee of the instant real estate, and the obligation to return the lease deposit.”

C. On April 18, 2018, Defendant C entered into a donation agreement with Defendant B, one of his married children, to donate the instant real estate to Defendant B, and on April 19, 2018, Defendant C completed the procedure for the registration of ownership transfer with respect to the instant real estate in the name of Defendant B.

On the other hand, on June 25, 2018, the Plaintiff died during the instant lawsuit pending.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim is that Defendant C has the right to claim ownership transfer registration based on the division of property regarding the instant real estate.

Nevertheless, Defendant C donated the instant real estate to Defendant B, who is son, because it constitutes a fraudulent act, Defendant C is obligated to implement the procedure for registration cancellation of ownership transfer registration of the instant real estate to Defendant C.

B. Although Defendant C had the duty to transfer the ownership of the instant real estate to the Plaintiff, it was donated to Defendant B, and thus, the Plaintiff is liable to compensate the Plaintiff for damages due to nonperformance.