증여계약 취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is the spouse of the deceased D, and the defendant is the plaintiff's Pool (the spouse of C, who is the plaintiff's son).
B. On December 12, 2007, the network D died. As to the building indicated in paragraph (2) of the attached Table of the Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “instant land”) and its ground that was owned by the network D (hereinafter “instant building”), the Plaintiff, F, G, C, and H (hereinafter “instant building”), the heir, were the Plaintiff for the instant building, and ② the Plaintiff for the instant building, ② the F (60/283 shares), G (60/283 shares), and C (60/283 shares) share ownership of the Plaintiff for the instant land.
C. On January 30, 2008, the inheritors completed the registration of ownership transfer of the instant building under the Plaintiff’s name (including the new construction of the instant building due to fire) and the registration of ownership transfer in the name of the Plaintiff, F, G, and C on June 12, 2008 with respect to the instant land, following the agreement on the division of inherited property.
On the other hand, with respect to the instant land and building, the registration of the establishment of a mortgage was completed with the New Bank Co., Ltd. (hereinafter “New Bank”), the debtor’s network D, the maximum debt amount of KRW 715,00,000 (the principal of the debt is KRW 800,000; hereinafter “instant debt”), and the debtor was changed to the Plaintiff on October 30, 2008, which was after the agreement on the division of inherited property.
Since then, the transfer registration of ownership in the name of the defendant was completed on December 5, 2013 with respect to 103/283 shares in the land in the name of the plaintiff (hereinafter referred to as "share in the land in this case") and the building in this case (hereinafter referred to as "the aggregate of shares in the land in this case") and the building in this case (hereinafter referred to as "each real estate in this case").
(hereinafter referred to as "the ground for recognition"). 【The registration of transfer of ownership of this case / [the ground for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The plaintiff's assertion.