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(영문) 의정부지방법원고양지원 2020.03.26 2019가단87852
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant B, and the defendant C is the spouse of the defendant B.

B. On August 13, 2013, the Plaintiff concluded a real estate donation agreement with the Defendants to donate the instant real estate to the Defendants.

(hereinafter “instant donation contract”). C.

Plaintiff

As to the instant real estate owned by it, B.

The registration of ownership transfer in the name of the Defendants was completed on August 22, 2013 by Hongcheon District Court Hongcheon District Court No. 16981.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 4 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff: (a) donated the instant real estate on the condition that the Defendants would pay living expenses to the Plaintiff each month; and (b) the Defendants did not perform the above obligations; (c) thus, (d) rescinded the instant gift contract as a duplicate of the instant complaint.

B. Whether the other party bears a separate duty in relation to donation or whether the other party has agreed to assume a separate duty in relation to the gift or not is a matter of fact-finding, since it constitutes a matter of fact-finding, since it constitutes a matter of fact-finding, since it is a matter of confirmation as to whether there was an intention between the parties who want to have a legal effect and whether it was made by expressing it explicitly or implicitly by speech, behavior, etc.

(See Supreme Court Decision 2010Da5878 Decided May 27, 2010, etc.). C.

Judgment

According to the evidence mentioned above and the evidence stated in Gap evidence Nos. 2, 3, and 12, the defendants shall transfer KRW 700,000 per month to the plaintiff to D, E, F, and G, the punishment of defendant B.

(1) The Plaintiff and the Plaintiff’s spouse are aware of their intention to gather until the death of the Plaintiff and the Plaintiff.

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