Claims to cancel a gift registration and recover KRW 130 million dismissed

Background

Our client received, as a gift from a parent, a half share of a house and its site and completed the registration. Several years later the parent alleged that the gift deed had been forged, sought cancellation of the registration, and also demanded about KRW 130 million, claiming our client had used proceeds from sales of the parent's land without permission.

Issues and ruling

The court held that a completed registration is presumed to rest on a valid cause, and the party alleging forgery must prove it. Given that the scrivener who handled the registration stated that the donor's intent was confirmed in person, and that no objection was raised for a long time, forgery was not found. As for the money, the court found that the parent had effectively accepted how it was handled and that it was likely spent on living costs, so misappropriation was not established.

Outcome

All claims were dismissed, and the opposing party was ordered to bear the litigation costs.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.