logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.31 2015가단182952
소유권이전등기말소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the registration of transfer of ownership was completed on September 15, 2014 under the name of the Defendant for the land that was originally owned by the Plaintiff on September 23, 2014, and that the registration of transfer of ownership was completed on the land that was originally owned by the Plaintiff on November 18, 2014 under the name of the Defendant on November 18, 2014, and that the registration of transfer of ownership was completed on the land that was originally owned by the Plaintiff on November 7, 2014 is no dispute between the parties.

2. C Claim concerning land;

A. The Plaintiff’s assertion (1) around September 15, 2014, as at the time of donation on September 15, 2014, the Plaintiff had the capacity to perform his/her duties or act, and thus, the said donation contract ought to be null and void or cancelled.

(2) Preliminaryly, ① the above donation continues to be a future substitute engineer and a nursing worker for the plaintiff who was used for brain disease. The defendant forged the document in the name of the plaintiff and acquired the plaintiff’s property by deceiving the plaintiff and did not look at the plaintiff. As such, the above declaration of intent of donation contains errors in motive caused by the most recent attitude of the defendant as to the plaintiff, and thus, it is revoked by delivery of the request for correction of claim and cause of change as of August 16, 2016.

② The above donation was made by assisting the plaintiff under medical treatment for brain diseases at the expense of providing assistance to the plaintiff, such as an agent and nursing service. In light of the fact that the defendant forged documents in the name of the plaintiff and engages in fraudulent acts against the plaintiff, it is obvious that the above burden should not be fulfilled. Thus, the above donation is released as delivery of the application for modification of the purport of the claim and the cause thereof on August 16, 2016.

(3) Therefore, since the registration of transfer of ownership in the name of the defendant with respect to land C is null and void, it must be cancelled.

B. In the event that the registration of ownership transfer has been made, it is presumed that not only the third party but also the former owner acquires ownership by legitimate grounds for registration. Therefore, the plaintiff denies this and the grounds for registration.

arrow