약정금
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance except for the defendant's addition of the following judgments as to the matters alleged in the trial of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The gist of the claim 1) is that the defendant's right to the land No. 1 of this case should be transferred to the plaintiffs free of charge, and since the defendant's property status was significantly changed after the preparation of the above statement No. 1, the above contract of donation was cancelled in accordance with Article 557 of the Civil Act. 2) The defendant's evidence submitted by the defendant alone is insufficient to recognize that the contents of the statement No. 1 of this case have the nature of donation, and there is no other evidence to prove otherwise.
Rather, as seen earlier, it is reasonable to view that the Defendant completed the registration of ownership transfer with respect to the land No. 1 in its own name, instead of completing the registration of ownership transfer with respect to the land No. 1 in its own name, it is not a gift contract.
Even if the written statement No. 1 of this case is considered as a contract of gift, the rescission of the gift contract on the ground of a change in the property status of the donor under Article 557 of the Civil Act shall meet the requirements, such as that if the property status after the donation of the donor significantly changed compared to that at the time of the donation, and the performance of the donation would have a significant impact on his livelihood (see, e.g., Supreme Court Decision 95Da37759, Oct. 11, 1996). As to this, the person who intends to cancel the donation contract on the ground of the above circumstances
However, each statement of Eul Nos. 3 through 5 (including a serial number, if any) has been made after the preparation of the above 1 copy.