1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 2, 1993, the Plaintiff married with the Defendant and married to a marriage, and the agreement was reached on December 9, 201.

B. On August 30, 2011, the Plaintiff, on November 14, 201, donated each real estate listed in the separate sheet, which was owned by the Plaintiff, to the Defendant, and on November 14, 201, two real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by the Plaintiff (hereinafter “instant donation contract”). The Plaintiff completed each of the registration of ownership transfer stated in the purport of the claim regarding the instant real estate (hereinafter “instant transfer registration”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

2. Whether the instant lawsuit is lawful (whether the instant lawsuit was brought without the Plaintiff’s delegation)

A. The plaintiff asserts that the gift contract of this case is null and void as an anti-social or unfair legal act concluded by taking advantage of the plaintiff's mental and physical weak condition, or that it should be cancelled as a legal act or an onerous gift by deception or duress.

As to this, the defendant asserts to the purport that the lawsuit of this case is unlawful because it was filed by delegation from a third party without the plaintiff's delegation, and the plaintiff's attorney does not have legitimate power of attorney.

(b) “A decision-1 capacity” means the mental ability or intelligence that can reasonably be determined on the basis of normal perception and towing ability, and the existence of a decision-making capacity must be individually determined in relation to specific legal acts.

In particular, if a juristic act is given with a special legal meaning or effect that is difficult to understand only the daily meaning, it shall be able to understand not only the ordinary meaning of the act but also the legal meaning or effect.