1. The obligation under the gift agreement concluded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on January 4, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. D is the father of the plaintiff and the defendant, and the plaintiff, the defendant, and the E are children of D.

B. D completed the registration of ownership transfer to the Plaintiff on November 14, 2014 with respect to the instant real estate owned by itself on November 18, 2014.

C. On January 4, 2016, the Plaintiff entered into a contract with the Defendant to donate 330 square meters among the instant real estate (hereinafter “instant donation contract”). On January 4, 2016, the Plaintiff entered into a donation contract with the Defendant on the instant real estate, whereby the donor was the Plaintiff as the Plaintiff, and the donor was the Plaintiff’s share to be donated.

On April 9, 2016, around 15:20 on April 15, 2016, the Defendant broken up two living room windows and inner windows with studio 1st floor house (hereinafter referred to as “instant house”) in Yangju-si, G 1 single-story house (hereinafter referred to as “instant house”).

(hereinafter “Defendant’s act of destruction.” The police officer called out according to the neighbor’s report at the time led the Defendant who was in the instant house, and D and the Defendant was investigated by both countries police stations in relation to the Defendant’s act of destruction.

E. It is stated that, in the case confirmation center issued by the head of the Gyeonggi-do Police Station on the Defendant’s destruction, the victim is indicated as D, and the Defendant unilaterally donated the land owned by D to another punishment, and the Defendant was found to comply with it, but the damage act was not done on the ground that it did not take place.

F. On April 9, 2016, D and the Defendant conducted an investigation at the Yangju Police Station on April 9, 2016, and, at the parking lot of the Yangju Police Station, D consulted with the Plaintiff about the donation of the instant real estate by the Plaintiff, and decided that the Plaintiff would not grant the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 4, witness D's testimony and whole pleadings.