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(영문) 수원지방법원안산지원 2015.12.02 2015가단105148

소유권말소등기

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1. The defendant shall receive, on November 15, 2005, the Suwon District Court's Ansan-gu District Court with respect to the size of 354 square meters prior to Ansan-gu, Ansan-si.

Reasons

Facts of recognition

The defendant is the third among the 7 South Korea between the plaintiff and the deceased D (hereinafter referred to as "the deceased").

The Deceased died on January 18, 1998, when he owned a 354 square meters (hereinafter “instant land”) prior to Ansan-si, Ansan-si, the deceased died on January 18, 1998, and the Plaintiff was subject to an inheritance consultation and division with his children.

9.5. The registration of the transfer of ownership in the sole name as to the instant real estate is completed.

On May 29, 2003, the Plaintiff was living together with the Defendant, who was a director of the same building located in the same Gu F located in the same Gu that the Defendant leased. On March 4, 2005, the Plaintiff moved together with the Defendant, a member G apartment 1012 Dong 402, an Ansan-si, a member G apartment 1012 Dong 402, the Defendant was sold.

The plaintiff, around October 25, 2005, donated the land of this case to the defendant who supported himself, and completed the registration of transfer of ownership as stated in Paragraph 1 of this Article (hereinafter referred to as "registration of transfer of ownership of this case") to the defendant on November 15 of the same year.

On June 2014, the Plaintiff was hospitalized in the hospital for about 10 days after having been killed in the guard. Among them, the Defendant was no longer able to support the Plaintiff alone, and the Defendant collected the Plaintiff’s interest, clothes, etc. in the above apartment, transferred the Plaintiff’s resident registration to I on December 29, 2014, and transferred the Plaintiff’s resident registration to I without his consent.

On November 21, 2014, the Plaintiff received an application for conciliation against the Defendant, which contains an indication of intent to cancel the gift contract on the instant land, in this court. On December 10 of the same year, a duplicate of the said application was served on the Defendant.

【In light of the fact that there is no dispute, Gap 1 through 15 (including a provisional number), and the purport of the entire pleadings, the gift contract on the land of this case between the plaintiff and the defendant constitutes a gift with the defendant’s obligation to support. Thus, the contract on the land of this case constitutes a gift with the defendant’s obligation to support. The defendant's report on the transfer of resident registration at his own discretion in an apartment where the defendant is living together.