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(영문) 대전지방법원홍성지원 2017.09.26 2017가단1370

근저당권말소

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. As to each real estate listed in the separate sheet

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On October 19, 2006, the Defendant acquired the ownership of each of the instant real estate, and operated the Section 3 of the name “C” in the instant inspection.

B. On June 28, 2016, the Defendant entered into a contract of donation with the Plaintiff regarding each of the instant real estate (hereinafter “instant contract of donation”). The main contents are as follows.

(A) “A” means the Defendant, and “B” means the Plaintiff. The Plaintiff operates and occupies the instant temple after the conclusion of the instant gift agreement.

Article 1 (Purpose) The purpose of this Agreement is to provide for all matters necessary for Gap to donate each of the instant real estate to Eul.

Article 3 (Duty of Salarying) “A” in Article 3 (Duty of Salarying) donated each of the instant real estate to “B”. However, even if Party B’s furns Party A, and the occurrence of unexpected work (e.g., loss of mental capacity, dementia, etc.) to “A”, it shall not send Party B to any other institution (convalescent hospital, etc.) other than inspection (i.e., a hospital may be gathered and hospitalized for treatment of Party B). Even if Party B’s furns into the foregoing circumstances, Party B shall put the instant real estate at the inspection by the end of the end of the class of the inspection, as Party B’s furns with a large amount of Party A.

As above, in fostering Eul, Gap's family members (childs) will not make excessive demand (such as any condition more than necessary in furning) or criticism to Eul.

Article 7 (Honorary Treatment) B shall be honorable and treated as He.

Article 8 (Divisions of Cooperation) A shall actively cooperate in the inspection operation of B and shall not interfere with all the matters.

Article 9 (Cancellation of Contracts) If Section 9 (Cancellation of Contracts) fails to perform the obligations under Articles 3 and 7, the contract shall be cancelled and the registration of ownership transfer under Article 4 shall be restored to the original state.

C. As to each of the instant real estates in accordance with the instant donation agreement.