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(영문) 대전지방법원 2021.01.22 2019나120426
소유권이전등기
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. According to the evidence evidence Nos. 5, 6, and 11-1 through 6 of the judgment on the cause of the claim, it is recognized that a contract between the Plaintiff and the Defendant to donate real estate listed in the separate sheet to the Plaintiff on September 27, 2017 (hereinafter “instant donation contract”), barring any special circumstance, the Defendant is obligated to implement the registration procedure for the transfer of ownership based on the said donation to the Plaintiff, barring any special circumstance.

2. As to the defendant's defense, the defendant was prepared in a state that the contract of this case was not able to express his/her intent of a valid gift due to a testamentary gift, etc. from his/her spouse separately, and even if not, the plaintiff was well aware that the contract of this case was made differently from

One of the arguments, Eul's evidence Nos. 1 and 2 are not sufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

In addition, the defendant also rescinded the agreement on the gift of this case

As such, comprehensively taking account of the overall purport of arguments in the testimony of the witness D of the court of first instance, Eul, Eul, Eul's evidence Nos. 2-1 through 4, and Eul's testimony, the following day of the contract of this case:

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