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(영문) 수원지방법원여주지원 2020.10.27 2019가단58396
소유권이전등기말소 등
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

The Defendant entered into a gift agreement with the Defendant on May 3, 2019, stating that “The Plaintiff shall donate to the Defendant shares of 41,285/51,203 square meters among the real estate (hereinafter “the instant real estate”) of Daejeon U.S. H forests and fields 51,203 square meters (hereinafter “the Plaintiff”) located in Sinju City.” The Defendant: (a) concluded a gift agreement with the Defendant on May 3, 2019 that “The Plaintiff shall donate shares of 41,285/51,203 square meters among the real estate.

(hereinafter referred to as “the instant donation.” On the date of the conclusion of the instant donation contract, the Deceased and the Defendant prepared in the instant temple a letter of agreement with the content that, if the deceased and the deceased were to die, they will take the stage of the deceased’s memorial services for the deceased (hereinafter referred to as “instant letter of agreement”).

On May 7, 2019, the Deceased completed the registration of ownership transfer on the ground of the instant gift contract under the Daejeon District Court’s receipt No. 37486 with respect to the Defendant’s share 41,285/51,203 of the instant real estate.

The Deceased died on February 12, 2020, and the Plaintiffs are the inheritors of the Deceased.

[Reasons for Recognition] A, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1, and the purport of the whole pleadings by the plaintiffs' assertion as to the purport of the whole pleadings, the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration as to the shares of the real estate of this case for the following reasons.

① In the first place, the Deceased had originally expressed his intent to donate only about 3,306/51,203 shares of the instant real estate (as approximately 12,00 shares) to the Defendant, but had been suffering at the time, and entered into the instant gift contract with the remainder of the gift subject to 41,285/51,203 shares (as approximately 12,00 shares).

Therefore, since the donation contract of this case constitutes an error in the important part of the contents of legal act, it is revoked by the service of a duplicate of the complaint of this case.

② Preliminaryly, the instant donation contract is the Defendant’s production of the deceased’s sculptures.

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