1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 15, 2004, the Plaintiff donated the following land (hereinafter “instant land”) to the Defendant:

(hereinafter “instant donation”). C EF G H H G GI KNO

B. On November 26, 2004, the title of the instant land was changed to July 19, 2005, after the registration of ownership transfer was completed under the name of the Defendant as the receipt of No. 105605 on November 26, 2004, and the land category was changed to the road on July 19, 2005. On the same day, the land was combined into the road B road at Kimhae-si, and became 13,7

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2 to 5 (including each number), the purport of the whole pleadings

2. The Plaintiff’s donation of the instant land to the Defendant is a condition subsequent to the Plaintiff’s rescission that the land will be included in the expansion of the road necessary for factory operation in the vicinity of the instant land.

However, each land stated in the purport of the claim in the instant land (hereinafter “instant land”) was not incorporated into a road.

Accordingly, regarding the instant dispute land among the land contributed by the Plaintiff, the conditions for rescission of the instant donation were fulfilled.

It is not so.

Even if the Plaintiff’s entire land was incorporated into the road, and confirmed through a survey after the road design, the Plaintiff made the donation of this case upon the Defendant’s request. This was also known to the Defendant that the Plaintiff was either null and void due to an unfair legal act abusing a fact that it is impossible to survey without the Defendant’s cooperation, or that the Plaintiff expressed an intention not to survey.

As such, it is null and void.

Therefore, the defendant is obligated to complete the registration of transfer of ownership based on the restoration of authentic title with respect to the land in the dispute in this case.

3. Determination

A. Determination of the assertion of fulfillment of the condition of rescission of the donation is made by the donor.