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(영문) 서울서부지방법원 2019.04.19 2018가단11568

소유권이전등기

Text

1. The Defendant made a donation on January 17, 2014 with respect to the portion of 1/3 of the real estate indicated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. C had children D, Plaintiff, and E.

The defendant is the E's wife as C.

B. C donated real estate in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on the condition that the Plaintiff fully support the Plaintiff, while selling and buying the grounds for registration to lower tax amount, C made the registration of ownership transfer to the Plaintiff on May 2, 1998.

C. However, the Plaintiff did not properly look at C after receiving the above registration of transfer of ownership from C, and C claimed against the Plaintiff for the cancellation of the transfer of ownership due to the cancellation of the onerous donation by Seoul District Court Decision 2000Na46787, and was awarded a favorable judgment on May 11, 2001.

Plaintiff

On June 1, 2001, the registration of transfer of ownership in the name was cancelled on August 31, 2005 by the above judgment finalized on June 1, 2001.

C On November 13, 2006, on November 13, 2006, the Defendant completed the registration of ownership transfer with respect to the instant real property on the ground of a donation dated November 6, 2006.

E. On September 6, 2007, the Defendant made to D on September 6, 2007 the registration of transfer of ownership for the portion of 1/3 of the instant real estate on the ground of donation.

At the time between the defendant and D, a conditional agreement for ownership transfer registration based on donation of 27.5 square meters of equity among the real estate in this case shall be prepared in order to claim all rights, such as the non-fluoration and use of Seoul FF site and unauthorized buildings (hereinafter referred to as "F real estate").

The defendant owned the real estate of this case and D waives it.

D The defendant shall own F Real Estate and waive it.

D If a person receives a f's non-use of F's real estate, the transfer registration on the ground of donation shall be revoked, and the share of 27.5 square meters in the instant real estate that was donated shall be immediately transferred to the defendant without any condition.

D If D does not receive F Real Estate, D shall have and exercise the right of 27.5 square meters of the shares in the instant building donated.

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