The defendant made a donation on November 8, 2017 to the plaintiff on the real estate stated in the attached list.

1. Facts of recognition;

A. On November 8, 2017, the Defendant prepared and delivered to the Plaintiff a letter of undertaking that “The Defendant will transfer the instant real estate to the Plaintiff in the name of January 2018” (hereinafter “instant letter of undertaking”) with respect to the real estate indicated in the separate sheet, which is owned by the Defendant (hereinafter “instant real estate”). The date of preparation of the said letter of undertaking is indicated as November 8, 2018.

On August 4, 2009, Defendant C98,400,000 won, Defendant C21,60,000 won, April 22, 2011, 201, a contract establishing a contract on April 22, 201, which was concluded on August 27, 201, for the ground of registration, on August 4, 2009, the maximum debt amount of the mortgagee-mortgage-mortgage-mortgage-holder, Defendant C36,00,000 won on February 27, 2013.

B. The instant real estate is set up three as follows.

[Ground of recognition] Unsatisfy, Gap evidence 1-2 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant agreed to donate the instant real estate to the Plaintiff on November 8, 2017, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the said donation with respect to the instant real estate.

In addition, the Defendant had the intent to donate the instant real estate in a state with no restriction or burden at the time, and the Defendant did not notify the existence of the right to collateral security at the time of the donation contract. Therefore, pursuant to the purport of the proviso of Article 559(1) of the Civil Act, the Defendant is obligated to cancel all the establishment registration of the right to collateral security and transfer the full ownership

B. Determination as to the Defendant’s assertion: (a) The instant promise was prepared on November 8, 2018, as indicated therein.

The defendant who did not wish to donate the instant real estate to the plaintiff has stated the time of donation in January 2018 so that the gift contract can not be concluded intentionally, and it is for the purpose of original impossibility.