1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

1. Basic facts

A. The Defendant is the head of the deceased H (hereinafter “the deceased”), and the Plaintiffs are the remaining children.

On the other hand, the deceased resided together with the deceased's wife, the plaintiffs and the defendant's mother I, and I resided together with the defendant after I died on November 12, 2010.

B. On February 21, 2012, the Deceased donated each real estate listed in the separate sheet No. 1 (hereinafter “instant donation”) to the Defendant (hereinafter “instant donation”). On March 6, 2012, the Defendant completed the registration of ownership transfer based on the instant donation.

C. On February 18, 2013, the Deceased was admitted to a medical care facility for senior citizens, and died on August 26, 2014, and his heir has both the Plaintiffs and the Defendant (1/7 of the inheritance portion).

On the other hand, each real estate indicated in the separate sheet (before partition) in the attached Table 1 list was divided into O on July 2, 2018 into 563 square meters among 1,038 square meters and 1,908 square meters among 1,451 square meters and 1405 square meters among 1,451 square meters before R., and 5,203 square meters among 31,118 square meters in T forest and fields are divided into o, e.g., 90 square meters and 90 square meters, and each real estate listed in the separate sheet (after division) in the attached Table 2 list (hereinafter “each of the instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8 (including virtual number; hereinafter the same shall apply), Eul evidence 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiffs’ assertion that the deceased had the capacity to perform his duties due to dementia at the time of the instant donation, and thus, the registration of transfer of ownership in the name of the Defendant on each of the instant real estate was null and void.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each of the plaintiffs' shares of inheritance (1/7) among the real estate in this case.

B. Determination as to the deceased’s capacity at the time of donation of this case