1. The defendant shall make 10 percent of each real estate listed in the separate sheet, 3 percent share to the plaintiff A, and 10 percent to the plaintiff B.

1. Basic facts

A. Plaintiff A’s spouse of the deceased D (Death on July 7, 2016), Plaintiff B’s children, and Defendant’s relatives.

B. The registration of ownership transfer was completed on March 9, 1987 with respect to each real estate listed in the separate sheet No. 1-3 on March 5, 1987 due to sale and purchase on March 5, 1987, and the registration of ownership preservation was completed on August 25, 1993 with respect to each real estate listed in the separate sheet No. 4 on the ground of the above real estate (hereinafter “each real estate of this case”).

C. After that, the registration of ownership transfer was completed on September 18, 2003 in the name of the deceased on the grounds of sale on September 16, 2003 with respect to each of the instant real estate.

On June 16, 2016, the deceased, immediately before the death, entered into an agreement with the Defendant to transfer ownership of each of the instant real estate to the Defendant (hereinafter “instant agreement”). Accordingly, on June 20, 2016, the deceased completed each of the instant real estate under the name of the Defendant on the grounds of donation on June 16, 2016.

Meanwhile, the market price of each real estate of this case is KRW 656,940,00 as of August 7, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4 (including where there are several types of evidence), appraiser E's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. The agreement of this case, the primary assertion of the plaintiffs, on the condition that the defendant pays to the plaintiff A an amount equivalent to one half of the market value of one-half of the real estate of this case, is an onerous donation contract with the content that the deceased donates each of the real estate of this case to the defendant.

Plaintiff

A, after the death of the deceased, notified the Defendant of the performance of the above conditions, but the Defendant failed to comply therewith, and the Plaintiffs rescinded the above-paid donation contract by serving a duplicate of the complaint of this case.

Therefore, the Defendant’s restoration following the above cancellation to the Plaintiffs, the inheritor of the Deceased, among each of the instant real estate.