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(영문) 대구지방법원경주지원 2016.01.26 2015가단12423

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2005, the registration of ownership transfer was completed on September 5, 2005 in the name of E, Defendant, and F with respect to one-third shares of the above land, which was originally owned by the network D. However, on September 6, 2005, the registration of ownership transfer was completed on September 5, 2005 under the name of E, Defendant, and F.

B. On October 14, 2008, F has completed the registration of ownership transfer on October 13, 2008 with respect to the portion of 1/3 of the instant land to the Defendant.

C. On November 5, 2009, E completed the registration of ownership transfer on the ground of donation on November 4, 2009 to the Plaintiff and G with respect to each one-six portion of the instant land.

The plaintiff, the defendant, the E, and G are children of the network D, and the F is the defendant's children, and the network D died on June 24, 2009.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The Plaintiff’s assertion was jointly donated the instant land to G, E, the Plaintiff, and the Defendant before the death. After the death of the Deceased, E, as to other real estate donated from the Deceased, the instant land was owned by the respective 1/3 shares, and around November 4, 2009, the Plaintiff, the Plaintiff, and the Defendant donated one-six shares of the said 1/3 shares in the name of E to G and the Plaintiff. At the time, the Defendant donated one-six shares of the said 1/3 shares in the name of F, one-six shares in G and the Plaintiff, each of the said 1/6 shares in the name of F, and the Defendant donated one-six shares to G and the Plaintiff. Accordingly, the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground of donation on November 4, 2009.

3. It is insufficient to recognize that the Defendant donated 1/6 shares out of the instant land to the Plaintiff on November 4, 2009 only with the testimony of the H witness H, and there is no other evidence to acknowledge this.

Even if the Defendant donated the above 1/6 shares to the Plaintiff, the Defendant asserted that the above donation contract was rescinded, and the donor may rescind the contract if the intent of the donation was not expressed in writing (Article 555 of the Civil Act), and the Defendant’s rescission.

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