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(영문) 인천지방법원 2019.08.28 2018나65005

소유권말소등기

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added by this court is dismissed.

3. Appeal expenses and interest.

Reasons

1. Facts of recognition;

A. The plaintiff is the father of C and the defendant as the spouse of C, and the plaintiff and the defendant are the principal and the deceased.

B. While the Plaintiff owned the instant real estate, the Plaintiff donated it to the Defendant, and accordingly, the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of sale as of October 5, 2015, on the instant real estate as of September 7, 2015.

C. After that, around October 19, 2015, the Defendant created the right to collateral security (hereinafter “instant right to collateral security”) of KRW 260,000 with respect to the instant real estate under the pretext of joint collateral to the D Association.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 through 3 (including partial numbers), Gap evidence 5-1 through 3, the purport of the whole pleadings and arguments

2. The Plaintiff’s assertion C and the Defendant, at the time, donated the instant real estate to the Defendant by requesting to the effect that “The Plaintiff would transfer the ownership of the instant real estate to him and would give the Plaintiff a 1/2 share of the instant real estate (the market value of the shares within the country).”

Therefore, even though the defendant bears the duty to transfer the real estate 1/2 shares, etc. to E under the above-paid donation contract, the defendant is refusing to perform the obligation agreed upon by C and the defendant, which constitutes grounds for revocation of the above-paid donation contract.

For this reason, as long as the Plaintiff expressed to the Defendant the intent of cancelling the said gift contract in lieu of the service of the Plaintiff’s written brief dated December 11, 2018, the said contract with the burden of donation was legally rescinded.

Accordingly, the defendant not only has the obligation to cancel the registration of transfer of ownership in the name of the defendant with respect to the real estate of this case to the plaintiff due to its reinstatement, but also the defendant received a loan from the D Association in lieu of the cancellation of the right to collateral security of this case.