1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Facts of recognition

The GJ of the original defendant's relationship is the husband of the plaintiff A and the other plaintiffs and the father of the defendant.

The defendant has completed each registration of ownership transfer based on the gift of April 28, 2016, and each land listed in paragraphs 3 and 4 of the list of annexed lands owned by the deceased J as to each land listed in paragraphs 1 and 2 of the list of annexed lands owned by the deceased J, and each registration of ownership transfer based on the gift of May 16, 2016.

(1) On May 27, 2016, the deceased J filed a lawsuit against the Defendant for the cancellation of each ownership transfer registration of the instant case, claiming that “The registration of each ownership transfer of the instant case is null and void because the Defendant was voluntarily completed using the network J’s business capacity status” ( Daejeon District Court Decision 2016Gahap1377, hereinafter “the former suit of the instant case”).

(2) On July 30, 2016, the deceased JJ died, and the Plaintiffs taken over the instant previous suit.

3) On August 31, 2017, the Daejeon District Court rendered a judgment in favor of all of the Plaintiffs on the grounds that “The Defendant is obligated to cancel each of the instant registration of transfer of ownership in accordance with the deceased J’s legal capacity,” and that each of the instant registration of transfer of ownership is null and void on the grounds that “The Defendant is obligated to cancel each of the instant registration of transfer of ownership in accordance with the deceased J’s legal status of business operation.” On September 19, 2017, the above judgment became final and conclusive as is, on the grounds that “The Defendant is obligated to cancel each of the instant registration of transfer of ownership in accordance with the deceased J’s legal capacity of business operation.”

On February 28, 2018, the 1st Plaintiffs in the second claim for the registration of cancellation of the ownership transfer of each of the instant cases are the Defendant.