1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. On July 22, 2009, the Defendant prepared a letter on July 22, 2009, stating that “the Defendant promised the Plaintiff to use the C land owned by H as a condition of marriage on condition of marriage” (hereinafter “each of the instant letters”).

B. On August 19, 2009, the Defendant, as indicated in the instant written statement, was the land in title trust with H. The Defendant sold the instant land and the instant land in total of KRW 15,000,000,000, and completed the registration of ownership transfer on September 22, 2009.

C. The Plaintiff married with D around October 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the Defendant’s liability for damages arising from the Defendant’s nonperformance of obligation, it is recognized that a donation contract between the Plaintiff and the Defendant was concluded on the condition that the Plaintiff is married to the instant land (hereinafter “instant donation contract”). Since the Plaintiff was married to the Plaintiff, the Defendant is obligated to complete the registration of ownership transfer with respect to the instant land.

However, the defendant sold the land of this case to a third party on August 19, 2009, before the fulfillment of the above conditions, and completed the ownership transfer registration on September 22, 2009. Since the defendant's obligation to transfer ownership was impossible, the defendant is liable to compensate the plaintiff for damages incurred therefrom.

B. Decision 1 on the Defendant’s argument, etc. 1) The summary of the argument that there was an agreement to invalidate the instant written statement is that the Defendant and the Plaintiff’s biological mother F, at the time of October 31, 2013, agree with each other on civil and criminal legal disputes between the Defendant and F, withdraw the litigation, and do not raise any civil and criminal legal issues for any reason either directly or through a third party in the future.