1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall make a registry office of the Seoul Central District Court on December 2003.

1. Circumstances leading to the dispute of this case;

A. The plaintiff is the father of the defendant.

On December 23, 2003, the Plaintiff and the Defendant entered into a contract under which the Defendant, at the same house as the Plaintiff, donated each real estate (hereinafter “each of the instant real estate”) recorded in the separate sheet (hereinafter “instant gift contract”) to the Defendant, who is the Plaintiff, on the condition that they live together with the Plaintiff and faithfully support the Plaintiff’s wife (hereinafter “instant real estate”).

At the time of the conclusion of the above donation contract, the defendant living together with the plaintiff at the same house as the plaintiff at the expense of receiving the original donation, and faithfully supported the parent. The defendant prepared a letter of performance (Evidence A 3) to the plaintiff that "the defendant will immediately restore to the duty of restoration in the case of cancellation of the contract without any objection or claim regarding the plaintiff's cancellation of the contract or other measures on the ground of non-performance of the above obligation."

B. On December 29, 2003, the Plaintiff completed the registration of transfer of ownership as stated in the Disposition No. 1 to the Defendant on the ground of the instant donation contract.

C. Since then, the Plaintiff resided in the second floor of the real estate listed in the attached Table No. 2 (hereinafter “instant housing”), and the Defendant resided in the first floor of the instant housing.

The Plaintiff asserted that the Plaintiff and the Plaintiff did not faithfully support the Plaintiff’s wife, and declared that the Plaintiff would rescind the gift contract of this case by serving a duplicate of the complaint of this case.

[Reasons for Recognition]: Unsatisfy, Gap evidence 3

2. Determination as to the cause of action

A. The instant donation contract is based on the condition that the Defendant, who is a parent, faithfully supports the Plaintiff and the Plaintiff’s wife, and thus constitutes a gift with a burden under Article 561 of the Civil Act.

If the other party who is obligated to pay for the onerous donation fails to perform his/her obligation, the donation contract is implemented.

Even if the donor is entitled to rescind the gift contract, the defendant is the plaintiff.