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1. The contract of donation concluded on May 22, 2017 between the Defendant and C is revoked.
2...
Reasons
1. The Plaintiff’s determination as to the Plaintiff’s claim is based on the premise that the said claim against C had a claim for acquisition amount against C, and the Defendant and C filed a claim against the Defendant for the revocation, etc. of the said gift contract on the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and C on May 22, 2017, on the ground that the gift agreement entered into on May 22, 2017, which
However, on January 26, 2018, the Plaintiff transferred the above claim against C with the succeeding intervenor on January 26, 2018, and notified C of the transfer of the above claim by mail, and submitted a written withdrawal from the lawsuit to this court on September 5, 2018, but without the Defendant’s consent.
Therefore, the plaintiff's claim is without merit because there is no preserved claim against C. Thus, the plaintiff's claim is without merit.
2. Determination as to the claims of the Plaintiff’s succeeding intervenor
A. 1) On August 26, 2008, the Plaintiff filed a lawsuit against C against the Seoul Western District Court Decision 2008Da26745, the Plaintiff obtained a favorable judgment from the above court that “the Defendant shall pay to the Plaintiff the amount of KRW 39,938,495 and the amount of KRW 29,050,635 per annum 17% per annum from April 1, 2005 to the date of full payment.” The above judgment became final and conclusive around that time. As of September 4, 2017, the Plaintiff’s claim against C for the amount of KRW 95,88,949 is the Plaintiff’s claim for the amount of KRW 95,88,949, May 22, 2017, C entered into the gift agreement of this case, the only real estate between the Defendant, who was his own child, and completed the registration of ownership transfer to the Defendant on May 24, 2017.
3) On January 26, 2018, while the lawsuit of this case was pending, the Plaintiff transferred the above claim for the transfer money to the Plaintiff’s succeeding intervenor, and notified C of the above transfer by mail verifying the contents of the transfer on May 3, 2018. [The Plaintiff did not dispute over the grounds for recognition, and written evidence Nos. 1 through 3 and arguments are written.