1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Basic Facts

The Defendant is a cook of the deceased A (hereinafter referred to as the “the deceased”), and the deceased was his wife and his child between the master and his child, only the Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”).

On April 9, 2007, the Defendant entered into a donation contract between the Deceased and the Defendant with the content that the Defendant would receive the gift of each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) and D 87 square meters prior to Ansan-si (hereinafter “D”) on the gift from the Deceased (hereinafter “instant donation contract”).

The registration of ownership transfer was completed on April 4, 2007 on each land of this case and the land of this case by the Daegu District Court Branch No. 12443 received on April 9, 2007, as to the land of this case and the land of this case.

The instant land was incorporated into the “E” site around 2010, and the Defendant received KRW 1,122,300 for the instant land from Ansan-si around January 18, 2010.

On September 21, 2017, the Plaintiff sent to the Defendant a certificate of content that “The Defendant transferred the ownership of each of the instant land and the instant D land under the condition that he/she would gather support and specifications of the Deceased, but did not fulfill the said condition, and thus, performed the procedures for the registration of ownership transfer of each of the instant land to the Deceased,” and the content certification reached the Defendant on September 22, 2017.

In addition, on November 6, 2017, the Plaintiff sent the above content certification to the Defendant, and the above content certification reached the Defendant around that time.

The Deceased died on December 12, 2017 while the instant lawsuit was pending, and on January 26, 2018, the Plaintiff, the inheritor of the Deceased and the designated person taken over the instant lawsuit.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 17, Eul's evidence 3 through 7 (including each number), witness F, G's testimony, and the whole purport of the pleading, the summary of the defendant's defense prior to the merits of the case.