meaning of a document in respect of "donations in writing";

B. The term “donation in writing” refers to a document expressed in writing to the extent that a donor’s intent to give his/her own property to the other party in a contract of donation is clearly recognizable through a document, and even if a contract is made in a form of a sales contract or a certificate of sale, and thus, it is deemed that the document is a document that directly expresses his/her intention of donation in consideration of the circumstances leading to the formation of the contract of donation.

Article 555 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Plaintiff

Defendant-Appellant Park Sung-sung, Counsel for the defendant-appellant

Seoul Civil District Court Decision 90Na19656 delivered on December 18, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

1. On the first ground for appeal

According to the reasoning of the judgment below, the court below, after compiling the evidences, recognized the fact that the defendant donated 7/14 of the shares in the real estate in dispute to the plaintiff on April 30, 1987 (in the form of sale), and compared the records, the above fact-finding is justified, and there is no error of misconception of facts or incomplete deliberation due to the violation of the rules of evidence, as pointed out by the theory of lawsuit, and therefore, the argument is groundless.

2. On the second ground for appeal

A written donation refers to a written donation in which a donor gives his/her own property to the other party in the contract of donation. Although a written donation itself is a sales contract or a certificate of sale, and even if a written donation is prepared by pretending to sell and purchase it, it is reasonable to interpret that the written document constitutes a written document under Article 555 of the Civil Act, if it is deemed that the written document is a document that expresses his/her intention of donation, considering the developments leading up to the formation of the donation (see, e.g., Supreme Court Decision 86Meu2634, Sept. 27, 198).

According to the facts duly established by the court below, the plaintiff, as the plaintiff's mother's mother as the defendant's mother (the defendant's mother's mother's mother's mother's child), decided to sell and sell his share in the above real estate inherited to the plaintiff, and formed a sales contract and then deliver the documents necessary for the registration of transfer of ownership (the records include a sales certificate). Thus, the above sales contract or the sales certificate constitutes a written document prepared in order to clarify the defendant's intention of donation under Article 55 of the Civil Act.

The judgment below to the above purport is correct and there is no error in the misapprehension of legal principles as pointed out in the theory of lawsuit, and therefore the argument is groundless.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)