logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.01 2015가단116155
가등기말소
Text

1. The plaintiff (Counterclaim defendant) has jurisdiction over the U.S. District Court as to each real estate stated in the separate sheet to the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is the father of the defendant.

B. As of August 12, 2013, between the Plaintiff and the Defendant, a contract for the gift reservation with the following content (hereinafter “instant gift reservation”) is drafted:

1. The plaintiff shall promise the defendant to donate each real estate listed in the attached list to the defendant, and the defendant shall accept it.

2. The date of completion of the reservation for this donation shall be August 1, 2014, and the said date of completion shall be deemed to have been naturally donated even without the declaration of intention to complete the reservation for donation between the Plaintiff and the Defendant.

3. The plaintiff shall carry out the provisional registration procedure for the preservation of the right to claim transfer of ownership by gift reservation with respect to each real estate listed in the separate sheet at the time of this reservation.

C. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Government Branch of the District Court’s Office of the Government Branch on August 16, 2013, the provisional registration of the Defendant’s right to claim the transfer of ownership under the name of the Defendant was completed on August 12, 2013 (hereinafter “the provisional registration of this case”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, and Eul's 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the main claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff did not conclude the instant gift reservation with the Defendant, and thus, the instant provisional registration is a provisional registration invalidation of cause. 2) Even if the Plaintiff and the Defendant concluded the instant gift reservation, it can be acknowledged that the instant provisional registration

Even if the defendant knew or could know such circumstances, it is invalid because it is contrary to good customs and other social order.

3) Since the instant promise of donation was due to the Plaintiff’s mistake, it is revoked by the delivery of a duplicate of the instant legal brief. 4) The Plaintiff’s dementia symptoms after the conclusion of the instant promise of donation.

arrow