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(영문) 제주지방법원 2014.11.14 2013가단16007

소유권말소등기 등

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1. Defendant B’s KRW 85,00,000 and its amount are 5% per annum from August 22, 2013 to April 1, 2014.

Reasons

1. Basic facts

A. Defendant B is the third ancillary of the Plaintiff, and Nonparty D is the second ancillary of the Plaintiff.

B. The registration procedure for ownership transfer was completed in the name of Defendant B on July 4, 2013 for each real estate listed in the separate sheet (1) that was owned by the Plaintiff (hereinafter “the instant donation”). The real estate listed in the separate sheet (2) that was owned by the Plaintiff was based on sale on August 23, 2013 (hereinafter “the instant sale”). The registration procedure for ownership transfer was completed in the name of Defendant C, based on the sale on August 23, 2013.

On the other hand, Defendant B received KRW 85 million from Defendant C on August 22, 2013.

C. On September 2, 2013, the provisional registration for ownership transfer was completed on September 2, 2013 under the name of Nonparty D with respect to the land owned by the Plaintiff, E forest land E, 3828 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 and Eul evidence 3, the purport of the whole pleadings

2. Determination as to the assertion on the cause of claim

A. The summary of the Plaintiff’s assertion on each of the real estate listed in the separate sheet No. 1 (1) is as follows: ① at the time of the instant donation, the Plaintiff was in his/her office ability at the time of the instant donation; ② even if not, even if not, the instant donation was made to be borne by Defendant B in return for supporting the Plaintiff; the Plaintiff was released from the instant donation by delivery of a duplicate of complaint pursuant to Article 561 of the Civil Act; ③ Defendant B was under his/her duty to support the Plaintiff, who was a donor with the Plaintiff’s father, but was under his/her duty to support the Plaintiff; ④ the Plaintiff rescinded the instant donation by delivery of a duplicate of complaint pursuant to Article 556 of the Civil Act, based on the Plaintiff’s failure to perform his/her duty to support the Plaintiff; ④ the instant donation led to a significant change in the Plaintiff’s financial status and significant impact on his/her livelihood due to its performance; ⑤ The instant donation cancelled the instant donation as a duplicate of complaint delivery pursuant to Article 557 of the Civil Act.