The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Basic facts

A. Each of the instant lands was originally owned by the Plaintiff, and the Defendant is the second Plaintiff.

B. On June 30, 2015, the Defendant: (a) filed a registration for the transfer of ownership (hereinafter “registration for each transfer of ownership of this case”) with respect to each of the instant land with the registration office No. 5961, May 6, 2015 (hereinafter “the instant donation contract”); and (b) filed a registration for the transfer of ownership (hereinafter “registration for each transfer of ownership”).

[Ground for recognition] Unsatisfy, Gap evidence No. 2-1 to 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) At the time of filing an application for the instant gift agreement and for the registration of transfer of ownership, the Plaintiff had the capacity to accurately understand the meaning of the application for the gift agreement and the registration of transfer of ownership due to symptoms of dementia, and thus, the registration of transfer of ownership in the instant case is null and void.

2) The plaintiff is deemed to donate only two parcels of each land of this case to the defendant.

In spite of the Defendant’s deceptioning the Plaintiff and completing the registration of transfer of ownership on the whole land of this case, the registration of transfer of ownership of this case is null and void.

3) The registration of transfer of ownership of each of the instant cases is made by a trust agreement under which the Plaintiff owns the ownership of each of the instant lands, but only the ownership is transferred to the Defendant, and thus, is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’

4) At the time of the instant donation contract, the Plaintiff and the Defendant agreed to return each of the instant land to the Plaintiff at any time when the Plaintiff demanded the return. As such, the instant donation contract constitutes a gift contract for which the right of rescission was reserved, and since the Plaintiff exercised the right of rescission due to the instant lawsuit, the Defendant is obligated to cancel the registration of transfer of each

B. 1) The registration of real estate itself is formally existing.