1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 1985, the plaintiff was married with the defendant.

The defendant filed a divorce lawsuit against the plaintiff around 201, but then withdrawn the lawsuit around that time.

The plaintiff and the defendant are currently in separate living.

B. On May 12, 2003, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale as of April 12, 2003.

C. On September 20, 201, the Defendant completed the registration of ownership transfer on September 20, 201 on the ground that each of one-half shares of the instant real estate was donated from September 19, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant, on September 20, 201, filed a divorce lawsuit against the Plaintiff on September 20, 201 with respect to each of the instant real property asserted by the Plaintiff, to maintain the marital relationship, donated the said real property to the Defendant on the charge of “to return to a family, to be able to maintain the marital relationship smoothly, to be faithful to the family life, and to follow the family.” Since the Defendant is currently separate from the Plaintiff, the Plaintiff, upon delivery of the duplicate of the instant complaint, rescinded the above-paid donation contract against the Defendant.

Therefore, the Defendant is obligated to implement the procedure for cancellation of ownership transfer registration due to the cancellation of the above gift contract with respect to shares of 1/2 of the instant real estate to the Plaintiff.

B. Determination-sharing donation is a donation under which the donee bears a certain burden, i.e., a certain obligation to provide a certain benefit, at the same time as a donation. In order for a donee to bear a certain obligation as an associate member of the donation contract, there is an agreement between the parties to regard the performance as a content of the contract. Accordingly, even if the donee expects a certain performance and made a donation, it is required that the donee would have agreed to do so.