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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff, a spouse of 1928, had children D, E, and F, who are children between the deceased and the deceased, and the defendant is the plaintiff's grandchildren with children of the above D.
B. On October 21, 2009, the Plaintiff entered into a contract with the Defendant to donate real estate (hereinafter “instant real estate”) as stated in the separate sheet, and completed the registration of ownership transfer as stated in the purport of the claim on October 22, 2009.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion primarily entered into a contract with the Defendant to support the Plaintiff. Since the Defendant did not perform the above duty to support, the said contract was cancelled pursuant to Article 556(1) of the Civil Act, and the contract was not indicated in writing in preliminary. Thus, the Defendant is obligated to perform the procedure for cancellation of ownership transfer registration as to the instant real estate pursuant to Article 555 of the Civil Act.
B. 1) Determination 1) In addition to the following circumstances that the Plaintiff owned a lot of real estate, i.e., G land and its ground, H land and its ground, and its ground land and its ground buildings, as seen earlier, it is difficult to believe that the Plaintiff’s assertion that he provided support to the Defendant as his grandchild was consistent with the Plaintiff’s assertion that he provided support to the Defendant as his grandchild, and there is no other evidence to acknowledge it. 2) In addition, the Plaintiff’s removal under Article 556(1)(non-performance of support obligation) of the Civil Act is the Plaintiff’s lineal descendant.