1.The judgment of the first instance shall be modified as follows:

Among the lawsuits in this case, the part of the claim for the cancellation of donation contract shall be dismissed.

1. Basic facts

A. On November 15, 1995, the deceased A (hereinafter “the deceased”) donated the real estate of this case to the Defendant, his head, who is his head, and completed the registration of transfer of ownership as the receipt No. 36935 on November 15, 1995 regarding the real estate of this case (1).

B. On October 15, 2004, the Deceased donated F land and its above ground housing (hereinafter “instant real estate”) to G, who is the Defendant’s children, on October 15, 2004, and completed the registration of ownership transfer concerning the instant real estate on October 15, 2004

(hereinafter referred to as “instant gift contract” in total).

The Deceased died on April 14, 2013 due to disease, such as cerebral typhism, chromatic high blood pressure, waste collecting, and cardiopulmonary typosis, etc., and was hospitalized in several times from around 2006 to around 2013, and was killed on several occasions.

The heir of the deceased has L and M as the son of the deceased, who is the son of the deceased, the son of the deceased, the H, I, J, and deceased.

Plaintiff

After the death of the deceased, the designated parties submitted a written application for resumption of the lawsuit to this court.

【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence 1 through 8, 10, 11, 12, Eul evidence 1, 8, and 11, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion concluded a gift agreement with the Defendant on November 15, 1995, and agreed that “the Defendant supported the Deceased, and the Defendant did not dispose of the real estate during the existence of the Deceased, and if the Defendant neglected to support the Deceased, he may unilaterally cancel the gift agreement of this case.” As such, the instant gift agreement constitutes an onerous donation agreement.

Nevertheless, the Defendant neglected the deceased’s duty to support the deceased’s recovery, and violated the terms and conditions of this case’s donation contract, such as selling the real estate during the existence of the deceased. Accordingly, the deceased violated the instant donation contract.