소유권이전등기말소
1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant: (a) on October 2016, such as Youngju District Court Young-dong Branch Branch, etc.
1. Basic facts
A. On October 28, 2016, the Defendant drafted a letter to the Plaintiff’s Dong C (hereinafter “the deceased”) stating that “The date of donation of four parcels, other than D, Chungcheongnam-gun, Chungcheongnam-do, and four days (the date of issuance of the registration certificate), and the present owner, the Plaintiff, who is the present owner, will not pay the Plaintiff KRW 5,000,00,000, and will be treated as the invalidation of the cause (return to the Plaintiff as the owner).”
(hereinafter “instant donation contract”). (b)
On October 31, 2016, the Plaintiff completed the registration of ownership transfer with the receipt of machines, such as Youngju District Court Young-dong Branch Branch, etc. on October 31, 2016 on each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) to the Defendant on October 31, 2016 as the gift on October 31, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including additional number), appraiser E's appraisal result, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) sold each of the instant real estate from the deceased and entrusted the Plaintiff with the authority to sell each of the instant real estate upon the request of the deceased to support the purchase price. The Plaintiff concluded a contract to donate each of the instant real estate to the Defendant on the condition that the Defendant would receive KRW 50 million from the Defendant, and completed the registration of ownership transfer regarding each of the instant real estate. However, the Defendant did not pay the Plaintiff KRW 50 million, and the Plaintiff is obligated to cancel the instant donation contract. Therefore, the Defendant is obliged to cancel the registration of ownership transfer under the name of the Defendant, which was completed with respect to each of the instant real estate. (2) Accordingly, the Defendant’s assertion that the Defendant borrowed KRW 40 million from F, and paid KRW 25 million to the Deceased, a creditor of the Deceased, and paid KRW 3 million directly to the Deceased. < Amended by Act No. 14300, Dec. 12, 2016.
Accordingly, the defendant is fully liable for the donation contract of this case.