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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 19, 1984, the Plaintiff purchased approximately KRW 120,00,000 from the deceased H (hereinafter “the deceased”) and paid the purchase price in full.
Attached Form
The land indicated in the list (hereinafter referred to as “instant land”) is divided from the above land, and the tombstones of the Plaintiff’s father-child were cut.
Accordingly, the Plaintiff requested the Deceased to complete the registration of ownership transfer of the instant land several times, but the Deceased donated the instant land to the Defendant B, who was the son of the instant land, and completed the registration of ownership transfer.
Accordingly, the plaintiff has cancelled the gift contract between the deceased and the defendant B, and requested the defendants to implement the procedure for cancellation registration and ownership transfer registration procedure in the purport of the claim.
2. Determination
A. The Plaintiff asserted that he concluded a sales contract with the Deceased on the instant land and submitted a copy of the sales contract (Evidence A2) as a supporting evidence.
However, the submission of a document shall be made by the original, and the submission of evidence by a simple copy, not by the original, is unlawful in principle due to the lack of accuracy guarantee. Thus, if there is dispute over the existence of the original and the authenticity of the establishment of the original, and there is an objection against the other party against the substitution of the original, the original cannot be substituted by a copy.
On the other hand, in the case of submitting a copy as the original, the copy shall be independent documentary evidence, or instead, it shall not be deemed that the original has been submitted, and in this case, there is no evidence of the existence of the same original as the copy by evidence and of the same content, unless it is recognized that the original has been duly formed.
However, the applicant party loses the original of the document or damages it in good faith; or