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(영문) 울산지방법원 2016.11.25 2016가단10987

소유권이전등기 말소등기절차이행

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On June 19, 2012, the Plaintiff entered into a conditional gift agreement with the Defendant, who was the son of June 19, 2012, stating that the Plaintiff donated real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, the Defendant: (a) frequently visited the Plaintiff’s home living until the Plaintiff died to examine the Plaintiff; and (b) faithfully provided support for the Plaintiff’s living; and (c) paid support fees necessary for the Plaintiff

B. On June 21, 2012, the Plaintiff completed the registration of ownership transfer for the instant real estate pursuant to the said conditional donation contract, but the Defendant did not perform the obligation to support the said conditional donation contract, such as not visiting the house in which the Plaintiff resides.

C. Accordingly, the Plaintiff’s conditional donation contract is cancelled by the service of the duplicate of the complaint in this case, and the Plaintiff seeks to cancel the above transfer of ownership registration to the Defendant.

2. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 2 (including additional numbers), the fact that the Plaintiff completed the registration of ownership transfer on June 19, 2012 with respect to the instant real estate to the Defendant, who was the ASEAN on June 21, 2012, can be recognized.

Furthermore, as to whether the above gift contract was accompanied by the conditions as argued by the Plaintiff, the testimony by the witness C alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is not reasonable without further review as to the remainder of the issue.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is not justified, and it is so decided as per Disposition.