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(영문) 수원지방법원성남지원 2015.12.11 2015가단213673
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The Plaintiff committed an unlawful act with the Defendant’s husband D, and on April 18, 200, transferred the ownership of the land indicated in the purport of the claim (hereinafter “instant land”) to the Defendant, but the Plaintiff fulfilled its obligation to contact or not contact with D after April 12, 200, the Defendant agreed to gratuitously transfer the instant land to the Plaintiff after five years (hereinafter “instant agreement”).

B. On June 19, 2000, the Plaintiff completed the registration of ownership transfer of the instant land to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is a contract of gift under the condition that the Plaintiff executes the obligation under the above agreement for five years. Since the Plaintiff fulfilled the obligation under the above agreement for five years, the agreement in this case is null and void, and the registration of transfer of ownership in the Defendant’s name as to the land in this case, which is based on the instant agreement, should also be cancelled.

B. Even if the Plaintiff’s assertion is a gift contract subject to a condition subsequent to the rescission of the instant agreement, it is difficult to deem that the Plaintiff fulfilled all of the obligations under the instant agreement and fulfilled the conditions subsequent thereto, even if the Plaintiff’s testimony was added to the statement of No. 4 and the purport of the entire pleadings.

The plaintiff's assertion cannot be accepted without further review as to the remainder of the issue.

The claim of this case is dismissed as it is without merit.

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