logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원상주지원 2016.06.22 2015가단9546
소유권말소등기
Text

1. The Defendant: 18,00,000 won to Plaintiff A and 5% per annum from January 26, 2016 to June 22, 2016; and

Reasons

1. Basic facts

A. The deceased D (Death on April 6, 201) and the Plaintiff are married couple, and between them, Nonparty E, Defendant C, Plaintiff B, Nonparty F, etc.

B.1) With respect to each real estate listed in attached Tables 1 through 3, 5, and 7 of the List, ① ownership transfer registration was made on September 9, 1975 on the ground of “sale on August 11, 1975.” ② On July 28, 2011, Plaintiff A was subject to the registration of transfer of ownership for each share of 165/1,000 for the reason of “Inheritance by agreement”, Nonparty E, Defendant, and Plaintiff B, respectively, on January 14, 2013, the registration of transfer of ownership was made on the ground that the shares of said Plaintiff A and B were transferred to the Defendant on January 14, 2013 on the ground that “The ownership transfer registration was made on September 14, 2013” and “the ownership transfer registration was made on September 14, 2015 for the reason that consultation was made on September 14, 2013.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The part of the Plaintiffs’ claim for cancellation of ownership: (a) under the condition that the Defendant faithfully support the Plaintiff A, his mother, the Defendant donated share ownership, etc. as to each real estate listed in the separate sheet, on condition that the Defendant faithfully support the Plaintiff A; and (b) the Defendant is under the Defendant’s failure to perform the obligation to support, and thus, (c) cancelled the above donation contract on grounds of the Defendant’s nonperformance

The testimony of the witness F alone is insufficient to recognize that the defendant received the plaintiffs' share ownership, etc. on each of the above real estate at the expense of faithfully supporting the plaintiff A.

arrow