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(영문) 부산고등법원 2017.03.23 2016나56755
소유권말소등기
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the following additional determination, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act.

【Additional Judgment】 Plaintiff B, D, and E asserted that this case’s gift contract constitutes an unfair juristic act as stipulated under Article 104 of the Civil Act, and thus, it constitutes an unfair juristic act as stipulated under Article 104 of the Civil Act, since it was unilaterally unfavorable to the deceased by the deceased’s prudent judgment.

However, there is no evidence to acknowledge that the instant donation contract is an onerous donation.

Therefore, Plaintiff B, D, and E’s assertion premised on this is without merit.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiffs' appeal is dismissed as it is without merit.

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