2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is the starting money of Defendant B and the pro-friendly money of Defendant C.

B. On April 15, 2015, the Plaintiff entered into a donation agreement with Defendant B, the husband of Defendant B, on the land and buildings indicated in the separate sheet (hereinafter collectively referred to as “instant real estate”), which he/she owns (hereinafter “instant donation agreement”), and completed the registration of transfer of ownership on April 16, 2015 to D on this ground.

C. D died on October 14, 2016, and thereafter, the Defendants, the inheritor, completed the registration of ownership transfer on the instant real estate due to inheritance on December 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the gift contract of this case was made on the condition that D, a donee, support the Plaintiff’s female life, was made on the condition that D, a donee, support the Plaintiff, and the duty to support was not possible due to D’s death. Therefore, the Plaintiff cancelled the gift contract of this case by delivery of a copy of the complaint of this case, and sought the registration of transfer against the Defendants.

B. Determination-paid donation is a donation with a view to bearing a certain burden, i.e., a obligation for a certain performance, at the same time as a donation, by which the donee bears an additional obligation. In order for a certain performance to be borne as an additional member of the donation contract, there is an agreement between the parties to the contract to regard it as a content of the contract. Accordingly, the donee expected a certain performance and made a donation with regard to the donee.

Even if the payment is not a content of the contract by an agreement between the parties, it is merely the basis of the motive or act of the donation, and it cannot be a burden. Whether the donation bears an additional obligation, such as the counter-performance of Article 561 of the Civil Code, or whether the other party agrees to assume a separate obligation in relation to the donation.