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(영문) 서울고등법원 2019.12.05 2019나2016633

소유권말소등기

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1. The plaintiff's primary and conjunctive claims that are changed alternatively in this court are dismissed.

2. Action.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as follows, except for the case where the judgment of the court of first instance has been accepted, since the corresponding part of the reasoning of the judgment of the court of first instance (from No. 2, No. 9 to No. 36 of the judgment of the court of first instance) is the same as that of the corresponding part of the judgment of the court of first instance. Thus, this Court cite

Part 3, "The results of each appraisal of L and M" in Part 5 shall be applied to "each appraisal result of L and M in the first instance trial".

Part 3, 5 to 6 of the "WitnessN's testimony" shall be made with "the testimony of the witness N in the first instance trial".

Around September 2005, the Plaintiff, a primary claim for the claim, constituted by the Plaintiff, made a contract with the Defendant to give the instant temple a donation to the Plaintiff, and the Plaintiff succeeds to the status of a creative guardian, and operate the instant temple. However, upon the occurrence of the inspection revenue, the Plaintiff entered into a contract with the Defendant to pay KRW 20,000,000 per month to the Defendant as the expenses for the operation of the art gallery operated by the Defendant (hereinafter “instant donation contract with the charge”).

Accordingly, on October 1, 2005, the Plaintiff registered the instant temple and was appointed as a chief minister to theO, and the Plaintiff received new cities and carried out construction or reconstruction of the instant temple building. In 2006, the revenues from the inspection accrued to the Defendant were paid as the operating expenses of the art gallery.

Since the plaintiff started to implement the contract of donation with the charge of this case, the defendant cannot rescind the contract of donation with the charge of this case with the unilateral declaration of intention. Since the defendant did not intend to cancel or terminate the contract of donation with the charge of this case, the above-paid contract of donation with the charge of this case still remains valid.

The Plaintiff had originally acquired the ownership of each of the buildings of this case by contributing to one’s own funds and constructing each of the buildings of this case.

Therefore, the defendant shall state attached Form 1 to the plaintiff.