A. The Plaintiff lent to the Defendant the sum of KRW 17 million on April 24, 2009, and KRW 20 million on April 28, 2009, KRW 3 million on April 28, 2009. The Defendant is obligated to pay the Plaintiff the said KRW 20 million and its delay damages.

B. On June 16, 2006, the Plaintiff donated real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, which was donated under the condition that the Defendant supported the Plaintiff and the Defendant’s mother C.

However, since the defendant did not perform the duty to support after completing the registration of transfer of ownership, the above donation contract is revoked, and the defendant has the duty to cancel the registration of transfer of ownership of the real estate of this case

2. Determination

A. There is no dispute between the parties as to the fact that the Plaintiff rendered a judgment on the claim for a loan, around April 2009, lent KRW 20 million to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 28, 2015 to the day of full payment, which is the day following the delivery of the complaint in this case.

B. Determination as to the claim for cancellation of ownership transfer registration (1) is a gift in which the donee bears a certain burden, i.e., a certain obligation to provide a certain benefit, at the same time as a gift, and the donee bears an incidental burden, and there is an agreement between the parties to regard certain benefit provided by the donee as the content of the contract in order to become an incidental burden to the donee of the gift contract, and accordingly, a certain benefit was expected and given to the donee.

Even if the payment is not a content of the contract by an agreement between the parties, it is merely a basis for the motive or act of the donation, and it cannot be a burden.

On the other hand, the other party is related to whether the gift bears the burden of the other party (Article 561 of the Civil Code) or the gift.