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(영문) 대구지방법원 2018.12.13 2018나306605

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the registration of transfer of ownership as to each of the instant real estate in the name of the title trustee, and failing to exhaust all necessary deliberations. The court below did not err by misapprehending the legal principles as to the registration of transfer of ownership as to each of the instant real estate, as otherwise alleged in the ground of appeal.

B. Dodr Judgment, the evidence presented by the Defendant alone has actually existed the Oral Category as claimed by the Defendant.

It is not sufficient to recognize that the above clan held the title trust of each of the real estate of this case to P who is the defendant's set up by the defendant, and there is no other evidence to acknowledge it.

Rather, according to the overall purport of Gap evidence Nos. 54, 56, and 57, among each of the instant real estate, the registration of ownership transfer was completed on April 8, 1964 in the name of U on April 8, 1971. The registration of ownership transfer was completed in the name of P on January 9, 1971. The registration of ownership transfer was completed in the name of P on March 6, 1971; the registration of ownership transfer was completed in the name of P on May 11, 1975; the registration of ownership transfer was completed in the name of P on May 11, 1975.

Therefore, this part of the defendant's assertion is without merit.

E. (i) The summary of the claim for cancellation of the gift following the change in financial status has been significantly changed after the conclusion of the instant gift contract, and it is clear that the Defendant would have a significant impact on the Defendant’s living when implementing the said gift contract. Therefore, the Defendant would cancel the instant gift contract in accordance with Article 557 of the Civil

⑵ 판단 ㈎ 민법 제557에 의한 증여계약의 해제는 증여자의 증여 당시의 재산상태가 증여 후의 그것과 비교할 때 현저히 변경되어 증여 목적 부동산의 소유권을 수증자에게 이전하게 되면 생계에 중대한 영향을 미치게 될...