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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The plaintiff is the second child of the deceased G (hereinafter referred to as the "the deceased"), and the defendant is the spouse of the birthJ, and the deceased died on November 11, 1998.
B. On April 8, 1994, the deceased completed the registration of transfer of ownership on the ground of donation on March 30, 1994 with respect to ① 5,121 square meters in Hongcheon-gun, Kucheon-gun, ② 906 square meters in C, 906 square meters in C, ④ 466 square meters in L, ④ 218 square meters in D, ⑤ E, 1,719 square meters in E, E, 1,719 square meters in E, E, 1,719 square meters in F, and 247 square meters in F, 694 square meters in order (hereinafter “instant or F,”)
C. On April 28, 1994, the Defendant received a decision of provisional disposition against the Plaintiff to prohibit disposal as the Chuncheon District Court 94Kadan706 as to the land. The Defendant received a provisional disposition against the Plaintiff on April 1 through 28, 1994 by giving the Plaintiff the right to claim the registration of ownership transfer from sale on April 2, 1994.
5.2. The registration of temporary injunction against disposal of the instant land (hereinafter “the provisional injunction registration of this case”) was completed with respect to the instant land ① through 6.
Around May 11, 1994, anO union urged the Plaintiff to repay to the Plaintiff KRW 7,376,515 of the Plaintiff’s loans incurred from around November 11, 1991 to around July 7, 191, and the Defendant and J paid to the Plaintiff KRW 5,176,641 on behalf of the Plaintiff, including KRW 3,99,99,272 on September 27, 1994 and KRW 1,17,369 on October 8, 1994, in order to prevent the auction of land.
E. On November 16, 199, the defendant withdrawn the application for provisional disposition with respect to land (1) and (3) on November 18, 1999, and the above provisional disposition registration was cancelled.
F. On May 22, 2008, the Defendant: “The Plaintiff between the Plaintiff and the Defendant on May 18, 2008, and the Defendant voluntarily withdraw the provisional disposition regarding the instant land 6; the Plaintiff is the Defendant until May 31, 2008.