소유권말소등기
1. The defendant is among each real estate listed in the separate sheet.
A. As to the share 3/26 to Plaintiff B:
B. Plaintiffs C and E respectively.
1. Facts of recognition;
A. The deceased A (hereinafter “the deceased”) died on June 1, 2014, and the deceased’s heir is the Defendant, C, D, E, and F, the wife of the Plaintiff B, the Plaintiff’s children.
B. There is no active inherited property and inheritance obligation of the deceased.
C. On December 23, 2009, the Deceased completed the registration of ownership transfer for the gift of this case to the Defendant on the ground of the gift of December 22, 2009 (hereinafter “instant gift”). However, on April 30, 2015, the market price at the time of the instant gift real estate was KRW 618,707,00, and is ratified at the time of the commencement of the inheritance.
Around 207, the Deceased sold to K a total of KRW 5,764 square meters (hereinafter “instant transferred real estate”) that he/she owned to H, I, J, 5764 square meters (hereinafter “instant transferred real estate”). Around 2007, the Deceased donated each of KRW 50 million to the Defendant, C, D, E, and F, respectively.
On November 3, 2009, the Deceased donated KRW 20 million to Plaintiff D, KRW 5 million to the Defendant on May 30, 201, and KRW 50 million to Plaintiff F on April 17, 2014, respectively.
[Ground of recognition] A without dispute, Gap evidence 2 (including the number of branch offices; hereinafter the same shall apply), Eul evidence 1 to 4, response to the order to submit documents by JinchiC Co., Ltd., the result of the market price appraisal commission to Sam Chang Chang Corporation Co., Ltd., and the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. The Deceased, a primary cause of the claim, donated the instant donated real estate under the condition that the Deceased and the Plaintiff support the Defendant, and thus, the instant gift agreement constitutes an onerous donation.
However, the defendant did not support the deceased and the plaintiff B, and the complaint of this case containing an expression of intent to cancel the gift contract of this case on the ground of the deceased's non-performance of obligation to bear the defendant was delivered to the defendant, and the contract of this case was lawfully rescinded.
Therefore, the defendant, as the inheritor of the deceased, objection against the plaintiffs.