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(영문) 대구지방법원 2016.01.28 2015나304615

소유권이전등기말소등기

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court's explanation as to this case are as follows: "C" of the first instance court No. 3 is as "the deceased," "decision on the main claim of March 18", "No. 4 through No. 16 is likely to be deemed to have been donated merely on the ground that the plaintiff asserts," "No. 7, No. 8-1, No. 9, and No. 10-1, and No. 10-2 are insufficient only on the basis of the records and the result of the plaintiff's personal examination at the first instance court," and "No. 3, No. 5" are as follows: "The plaintiff fails to perform his duty under the letter of this case and the defendant's main claim of July 28, 2006, or the plaintiff's obligation to make the registration of ownership transfer on the real estate of this case for reasons of the plaintiff's refusal to perform his duty under the letter of this case, or if the plaintiff's request for the registration of ownership transfer on the real estate of this case to the plaintiff, the plaintiff can be seen."

【Additional Decision-Making Matters】 The Plaintiff’s primary assertion was made on the condition that the Plaintiff would receive rent for the instant real estate in accordance with the letter of this case, which was concluded between the deceased and the Defendant, and thus, the validity of the said gift contract was terminated due to the Defendant’s failure to comply with the said condition.