1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the party members of the court of first instance shall explain this case are added to the following judgments as to the matters alleged in the court of first instance, and the judgment of the court of first instance is added to the relevant part.

2.(2) Sub-paragraph (3) of this section shall be removed as follows:

1. (2) The grounds for the judgment of the first instance court other than the dismissal of the Defendant’s “Defendant” as “Plaintiff” are the same as those for the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article

2. Additional matters to be determined (Determination on this Safety Defense, etc.) are as follows: D, around April 29, 199, donated the real estate of this case to the Defendant and prepared a certificate of unconstitutionality. The above certificate of unconstitutionality was lost at the time of registration and entered on July 22, 2012, not the date of actual donation contract; thus, the lawsuit of this case seeking cancellation of the gift contract on the real estate of this case was instituted after five years from April 29, 199 when the actual donation contract was made, and it is unlawful and inappropriate, and since the donation on the real estate of this case was made before the occurrence of the plaintiff's preserved claim, the plaintiff's claim cannot be the preserved claim of creditor's right; therefore, it shall be determined with careful consideration of significant influence on the interests between the parties, and it shall be determined with the date on which the certificate of unconstitutionality was actually made (see, e.g., Supreme Court Decision 2008Da17809, Apr. 29, 2019).