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1. The plaintiff's primary claim and the first and second conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the father of the defendant.
B. On April 1, 2002, the Defendant completed the registration of initial ownership in relation to D Apartment Nos. 113 and 1205 (hereinafter “instant apartment”).
C. The plaintiff and his spouse are residing in the apartment of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion ①, around the Plaintiff’s assertion, resided in and out of the Republic of Korea, and on the condition that the Defendant properly preserve the apartment and grow up his parents, the Plaintiff donated the instant apartment to the Defendant.
In addition, if the defendant violated the above conditions, the defendant agreed explicitly to return the apartment of this case to the plaintiff.
However, since the defendant violated the above conditions, the defendant should implement the procedure for transferring ownership of the apartment of this case to the plaintiff.
② Preliminaryly, on June 18, 2016, the Plaintiff agreed between the Defendant and the Defendant to pay the Plaintiff KRW 216,410,000 remaining after deducting KRW 180,000,000 from the disposal price of the instant apartment and KRW 1,590,000 from the real estate brokerage commission (hereinafter “instant agreement”). As such, the Defendant shall pay the Plaintiff the agreed amount KRW 216,410,00,000.
③ In the second preliminary, even if the agreement in this case is not effective, the Plaintiff held the title trust with the Defendant, and the Defendant bears the obligation to return unjust enrichment to the Plaintiff, and thus, the Plaintiff shall return the acquisition price of KRW 127,762,90 to the Plaintiff.
B. The Plaintiff donated the instant apartment to the Defendant solely based on the evidence submitted by the Plaintiff, such as the written evidence Nos. 5 and 12 as to the primary claim No. 1.
It is not sufficient to recognize the fact that the gift has the conditions of raising parents' salaries.