1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is the plaintiff's spouse in South C.

B. On January 21, 2015, the Plaintiff completed the registration of ownership transfer on January 20, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion as to the cause of the claim was resided together with C and the Defendant at his own house. However, the Plaintiff, while donating the instant real estate to the Defendant (hereinafter “instant donation”), was on the charge of the Plaintiff’s support to the Plaintiff well and the Defendant’s support to the Plaintiff and the Plaintiff’s support to the third party well.

However, the Defendant was a director at a different place in June 2015, and returned again one year after which the Defendant did not comply with the obligation to support the Plaintiff on the ground that he left the place and did not return to the present day on September 2017.

Ultimately, since the Defendant did not perform the obligation to pay, the Plaintiff cancelled the instant gift contract by delivering a duplicate of the complaint of this case.

B. Determination donation is a contract that takes effect by one of the parties expressing an intention to confer a property free of charge to the other party and accepting it (Article 554 of the Civil Act). Determination of the objective meaning of a contract to be concluded by the other party is an interpretation of a declaration of intent, but whether the other party bears an additional obligation in relation to the donation or whether the other party has agreed to assume a separate obligation in relation to the donation constitutes a matter of fact-finding, as it is a confirmation of which the other party has an intention to conflict with the other party to have a legal effect, and whether the other party has made an express or implied indication by speech or action, etc., and thus, it constitutes a matter of fact-finding.