소유권이전등기의말소등기청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is the father of defendant B, and the defendants are the husband and wife.
B. The land of this case was originally owned by the Plaintiff, but on December 3, 2009, the registration of transfer of ownership of 1/2 shares was completed in the name of the Defendants on February 1, 2010 on the grounds of donation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserts that the Defendants donated the instant land to the Defendants on the condition that the Defendants support the Plaintiff, and that the Defendants cancelled the donation contract and sought cancellation of the ownership transfer registration due to the restitution of the original state.
Whether or not there is an agreement between the other party to assume separate obligations in connection with donation or the other party to the gift or whether or not there is an intention to conflict with the other party to any legal effect, and to determine whether it was agreed, explicitly or implicitly, by means of words, actions, etc., by expressing that it was made, and the party asserting the existence thereof must bear the burden of proof.
(See Supreme Court Decision 2010Da5878 Decided May 27, 2010, etc.). However, it is insufficient to recognize that the Plaintiff donated the instant land to the Defendants on the condition that the Plaintiff was supported by evidence Nos. 3 and 4 and testimony of witness E are insufficient, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion is without merit.
B. In the preliminary determination on the conjunctive claim, the Plaintiff asserts that the instant land is a title trust real estate for which the Plaintiff transferred only the registered name to the Defendants for the purpose of managing land for convenience, and the Defendants are liable to implement the procedure for registration cancellation of ownership transfer registration.
Any real estate shall be registered as its owner.