Whether the intention of donation to a clan or a family community which has not yet been formed is valid (negative)

A gift is a contract between the donor and the donee as a requirement for the consent of the donee, so it has no effect on the expression of intention of a gift to a clan or a family community which has not yet been formed.

Articles 31 and 554 of the Civil Act

Plaintiff 1 and seven others, Counsel for the plaintiff-appellant Kim Jung-in, Counsel for the plaintiff-appellant

Defendant (Attorney Shin Jae-chul, Counsel for defendant-appellant)

Daejeon District Court Decision 90Na5489 delivered on July 4, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below held that the forest of this case was originally owned by the deceased non-party 1 and it was jointly inherited by the plaintiffs through the non-party 2 as a result of his death, and that the non-party 3 was issued a false guarantee certificate with the plaintiff 4, non-party 4, and non-party 5 that he purchased the forest of this case with the above non-party 2 with the above non-party 2, and completed the registration of ownership transfer under his joint name pursuant to the Act on Special Measures for the Registration of Forest Ownership Transfer, and therefore the registration is null and void, and therefore the registration of ownership transfer under the defendant's name is also null and void. In light of the records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles or in the violation of the rules of evidence as pointed out.

It is nothing more than misunderstanding the fact-finding and the preparation of evidence, which are the exclusive authority of the court below.

According to the records, the defendant argued that the deceased non-party 6 donated the forest of this case to a clan or a family community formed by the deceased non-party 7 of the deceased non-party 7 in the middle of the city, and it was clear that the above clan or the family community was not yet formed at the time when the above non-party 6 received the forest of this case from the above non-party 6. Since the donation is a contract between the donor and the donee, which requires the consent of the donee as a contract between the donor and the donee, the expression of intention of donation to a clan or a family community which was not formed as above does not have any effect. Accordingly, the court below rejected the defendant's defense that the registration of transfer of the forest of this case in the name of the defendant is in accord with the substantive relation, under the premise that the donation of the forest of this case to the above clan or the family community is valid, and there is

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)