1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was adopted on March 19, 1986 on the part of her husband’s net D (hereinafter “the deceased”). Around May 1964, F, who died of the deceased’s life, and the Defendant, the birth of H, who was the birth of the deceased, was adopted on March 19, 1986.

The Deceased died on October 1, 1986.

B. On April 9, 2003, the Plaintiff completed the instant registration for the instant real estate to the Defendant, both children, on the same day of donation.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserted that both children donated the real estate of this case to the defendant on the condition that the defendant, as both children, would support the plaintiff by keeping the deceased's deceased's death well, moving the tomb in mountain, and paying the plaintiff monthly living expenses. Thus, the defendant did not perform the above duty. Thus, the plaintiff, as a duplicate service of the complaint of this case, cancelled a donation contract with the defendant on the real estate of this case entered into with the defendant, so the registration of transfer of ownership that was completed in the future of the defendant should be cancelled.

B. 1) Determination 1) In order for a donee to become an incidental member of a contract of donation as a donation in which the donee bears the obligation to pay a certain amount at the same time as the donation is made, there is an agreement between the parties to regard the performance as the content of the contract. Even if the donee expects a certain performance to the donee and made a donation, if the performance is not a content of the contract pursuant to an agreement between the parties, it is merely the motive or act of the donation, and it cannot be a basis for the motive or act of the donation. Furthermore, whether the other party has agreed to assume a separate obligation in relation to the donation is a conflict between the parties to the other party and the other party to the contract.