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(영문) 광주지방법원 2016.11.30 2016가단522981
가등기말소
Text

1. The Defendant is with respect to each one-fourthd share of 1/4 of the amount of 787m2 and the amount of 551m2 in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of premise;

A. The Plaintiff, the Defendant, E, F, and G are both adopted by H.

B. The registration of transfer of ownership in the name of the Plaintiff and E was completed on January 16, 2014 with respect to the share of 1/2 of the 551 square meters (each of the instant lands is referred to as “each of the instant lands”) in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-gun and Hagu-gun and D 51 square meters (hereinafter “each of the instant lands”).

C. On January 17, 2014, the Plaintiff entered into a contract under which one-fourths of the instant land shall be donated to the Defendant (hereinafter “instant gift contract”). On January 20, 201, the Plaintiff completed the provisional registration of the right to claim a transfer of shares in the Defendant’s name (hereinafter “the provisional registration of this case”) under the receipt of No. 756 on January 20, 2004 with respect to one-fourths of each of the instant land (hereinafter “the instant provisional registration”); and Eul entered into a contract with F to donate one-fourths of each of the instant land to F on January 17, 2014; and completed the registration of the right to claim a transfer of shares in the name of F under the receipt of No. 755, Jan. 204 by the Gwangju District Court Decision 2004.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Gap evidence 4-1, 2

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion made a false statement to the plaintiff that "H made it clear that H will donate 1/4 shares of each land of this case to the plaintiff, defendant, E, and F," and concluded the gift contract of this case and completed the provisional registration of this case. The contract of this case was revoked upon the delivery of the complaint of this case. Thus, the defendant is obligated to cancel the provisional registration of this case to the plaintiff.

B. Determination 1) The Defendant stated to the Plaintiff the foregoing purport, and accordingly, the fact that the Plaintiff entered into the instant gift contract and completed the provisional registration of this case does not conflict between the parties. 2) If the purport of the entire pleadings is added to the entries in the evidence Nos. 6, 7, 10, 11, and 4, H cannot read the language as the visually impaired, and around 2014.

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