소유권이전등기
1. The Defendant’s gift was based on May 30, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.
1. According to the evidence No. 1-1, 2, and 3 of the judgment as to the cause of the Plaintiff’s claim, the Plaintiff and the Defendant, who is a friendship, entered into a contract with the Defendant to receive a donation of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) from the Defendant (hereinafter “instant donation contract”) on May 30, 2013. Thus, barring any special circumstance, the Defendant is liable for the Plaintiff to implement the registration procedure for transfer of ownership on each real estate of this case on May 30, 2013.
2. Judgment on the defendant's defense
A. Defendant’s defense 1) The Plaintiff demanded the Defendant to prepare a gift contract of this case while selling each of the instant real estate and the Defendant prepared the gift contract of this case in the form of a mere form. Therefore, the contract of this case is null and void by means of a false declaration of intention or false declaration of agreement. 2) The Plaintiff sold each of the instant real estate and demanded the Defendant to prepare the gift contract of this case without the Defendant’s intent to pay the price to the Defendant.
Therefore, the gift contract of this case is based on the mistake of motive induced by the plaintiff or the plaintiff's fraud, and thus there is reason for cancellation.
Therefore, the defendant shall revoke the gift contract of this case by serving a duplicate of the briefs dated January 20, 2016.
B. As to whether the gift contract of this case was caused by a false expression of intention or a false conspiracy, or by mistake of motive induced by the plaintiff or the plaintiff's fraud, it is not sufficient to recognize the above only by the descriptions of evidence Nos. 1, 3, and 5, and there is no other evidence to acknowledge the defendant's assertion.
Therefore, the defendant's defense is without merit.
3. Therefore, the Defendant donated each of the instant real estate to the Plaintiff on May 30, 2013.