1. The defendant has caused the plaintiff to return the share of 1/8 of the real estate stated in the attached list to the plaintiff.

1. Basic facts

A. Family relationship and inheritance (1) C had married with D and had the Plaintiff, E, Defendant, and F as their children.

(2) On September 10, 1979, C died on September 10, 1979, the Plaintiff, E, Defendant, and F, who are wife D and children, jointly inherited C’s property according to the inheritance shares.

(3) On September 7, 2015, D, the Plaintiff, E, Defendant, and F, who were the deceased’s children (hereinafter “the deceased”), jointly inherited the deceased’s property according to their inheritance shares.

B. (1) Change in the name of the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") was the first ownership of C, and the registration of ownership transfer was completed in the name of the deceased on March 5, 1981 on the same day as the deceased (6/21 share), the plaintiffs (1/21 share), the plaintiffs (6/21 share), the E (6/21 share), the defendants (4/21 share), the F (4/21 share), and the F (4/21 share) share as of the shares owned by the plaintiff, E, the defendant, and F as of February 25, 1981.

(2) As to the instant real estate thereafter, the registration of transfer of ownership in the name of the defendant was completed on the ground of the donation from February 27, 2006 on March 6, 2006.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 2, and 3 in the evidence, the purport of the whole pleading

2. The Plaintiff’s assertion that there was no active and negative property at the time of death, and the Plaintiff, E, and F did not have any property inherited or donated to the Deceased.

However, on February 27, 2006, the Deceased donated the instant real estate to the Defendant only.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground that the Plaintiff’s share (i.e., 1/4 shares in inheritance x 1/2) out of the instant real estate was returned.

3. Determination

A. (1) At the time of the deceased’s death on September 7, 2015, there is no dispute between the parties that there was no positive and negative property for the deceased.

(2) On February 27, 2006, the deceased transferred the real estate to the defendant on February 27, 2006, and the registration of the transfer of ownership on March 6, 2006.