1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff has a husband’s child of 4 South and North 1, including a woman C and the South and North son under the chain between husband’s net G.

The net G died in around 2003.

B. On March 11, 1989, the net G completed the registration of ownership transfer for reasons of sale on the Flue House on February 15, 1989.

After that, on July 24, 2001, the net G donated the Flue Housing to the Plaintiff, and completed the registration of ownership transfer in the name of the Plaintiff.

C. Meanwhile, on October 28, 2004, the Plaintiff acquired ownership of E Apartment Nos. 101 and 205 (hereinafter “E apartment”) located outside and two parcels of land, and resided in E apartment with the Defendant who was unmarried at the time.

After the plaintiff started residing in the E apartment as above, he leased the Flue Housing to others and appropriated it for the cost of living with monthly income from the revenue.

E. On July 7, 2008, the Plaintiff entered into a donation contract with the Defendant for a non-permanent housing (hereinafter “instant donation contract”) and completed the registration of ownership transfer under the name of the Defendant on July 8, 2008.

The contents of the instant donation contract prepared by the original and the Defendant are as follows:

In this paper, the above Flue House, which is owned by the plaintiff, has been donated to the defendant without compensation, and the defendant has accepted this, and thus the contract shall be kept in one copy of each party who prepared the contract in order to increase the next day.

(2) The donee (person who is a donee) of the Plaintiff on July 7, 2008 and the defendant (person who is a donee)

E. After acquiring the ownership of the Flue Housing, the Defendant granted the Plaintiff the right to enter into a lease agreement and to receive and use monthly rent. The Plaintiff leased the Flue Housing to others, as before the previous year, and received monthly rent (300,000 to 350,000 won) from the revenue, and appropriated it for living expenses.

F. However, the Defendant, while married with I on June 201, became married with I, became independent of the Plaintiff and became independent of the Plaintiff.

Accordingly, the plaintiff leased the apartment to others, and the lease deposit 120,000.