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(영문) 대전지방법원천안지원 2016.01.07 2014가단111715
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is the father of the defendant, and the defendant is the child between the plaintiff and C, who is the second daughter.

around August 2002, the defendant, together with his family, moved into the plaintiff's house on the land stated in the attached list No. 1, and combined with the plaintiff.

The Plaintiff removed the existing building from September 2002 and newly built the second floor house (hereinafter “instant house”) as shown in the attached Table No. 2, and completed the registration of ownership preservation in the name of the Plaintiff on June 30, 2003.

On December 29, 2004, the Plaintiff donated each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on December 29, 2004, and completed the registration of transfer of ownership on the instant real estate as the Asan Registry of the Court No. 68733, Dec. 29, 2004.

On the other hand, the Plaintiff was diagnosed with dementia in around 201 and was diagnosed with dementia in around 201. However, on June 10, 2014, and attempted to commit suicide, and was sent to the emergency room at the Yancheon National Hospital at the Yancheon National Hospital at the Yancheon National Hospital, and was hospitalized from June 11, 201 to June 20, 2014.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1 through 5 (if there is a provisional number, including each number; hereinafter the same shall apply), the inquiry and reply to the family court's Incheon Central Hospital, the plaintiff's assertion of the purport of the whole pleadings as well as the plaintiff's assertion of judgment as to this, the plaintiff alleged that the plaintiff provided the real estate of this case to the defendant under the condition that the defendant supported the plaintiff and his wife C (hereinafter referred to as "the plaintiff's husband and wife") while living together with the plaintiff's wife C (hereinafter referred to as "the plaintiff's husband and wife"). Since the defendant violated his duty to support, the contract for onerous donation was cancelled by delivery of a duplicate of the complaint of this case, and the registration

Judgment

A donation with a charge shall be made at the same time as a gift is received by the donee.

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