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

A. On March 10, 2016, the Plaintiff, who died on November 8, 2018 (hereinafter “the deceased”), made a verbal donation to the Plaintiff on March 10, 2016, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). The deceased’s heir is the Plaintiff, Defendant B, and G, who were the births, and among them, the Defendants except Defendant B inherited G upon the death on April 27, 2019. As stated in the purport of the claim, the Plaintiff claimed that the Defendants succeeded to G, excluding Defendant B. As to the inheritance shares of the instant real estate, and sought implementation of the registration procedure for ownership transfer on the inheritance shares of the Defendants on March 10, 2016.

B. However, evidence, including evidence No. 14, submitted by the Plaintiff alone, is insufficient to acknowledge that the deceased donated the instant real estate to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

C. A gift contract was concluded between the Plaintiff and the Deceased as alleged by the Plaintiff.

Even if the intent of donation is not expressed in writing, each party may rescind it before it is performed (Article 555 and Article 558 of the Civil Act), and as long as the Defendants, who inherited their status as the deceased, notified the Plaintiff of the intent of rescission of the above donation contract with respect to shares in succession (Succession) (Evidence 1), this part of the donation contract is deemed to have been rescinded.

On the other hand, the plaintiff's right of rescission is inherited only when all inheritors take the same legal effect, as in this case, if the interests conflict between the plaintiff and the defendants, the heir of the deceased, as in this case.

However, it cannot be found that the right of rescission under Article 555 of the Civil Act is inherited only when all inheritors receive the same legal effect.