1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 16, 2016, the Defendant signed two copies of the gift contract stating that the instant real estate was donated to the Plaintiff at the hospital’s hospital room where he was hospitalized, and affixed a seal thereto.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, and 6 (including additional numbers), witness D's testimony, the result of the court's video verification, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (1) has maintained a de facto marital relationship with the Defendant 20 years ago.

(2) 원고는 이 사건 부동산에서 궂은일을 도맡아 하며 피고와 함께 여관을 운영해 왔고, 피고는 때로 원고에게 폭력을 행사하기도 하였다.

(3) Upon the recent aggravation of health, the Defendant agreed to donate the instant real estate to the Plaintiff who donated the instant real estate to the Defendant for a period of 20 years, and concluded the donation contract in writing as above.

(4) Therefore, the Defendant is obligated to complete the registration of transfer of ownership on the instant real estate by reason of donation to the Plaintiff.

B. At the time when the Defendant signed and sealed each of the above gift agreements, the Defendant did not have the ability to make decisions due to dementia, and there was no genuine intent to donate the instant real estate to the Plaintiff. Therefore, the above gift agreement is null and void.

It is not so.

Even if the defendant did not properly recognize the terms and conditions of the contract in the state of dementia and signed and sealed the donation contract, and there was an error in the important part, or the plaintiff deceivings the contents of the donation without explaining the contents of the donation by using the state of confusion between the defendant and the defendant, and the defendant's assistant intervenor cancelled the declaration of intention of the donation by subrogation of the defendant, so the above donation contract has become invalid.

The above donation contract is valid.