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(영문) 광주지방법원 2020.07.10 2019나61402
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked.

Reasons

1. Facts of recognition;

A. H and the co-defendant G of the first instance court are married, and both the Plaintiff and the Defendants, the co-defendant B, C and E are H and G children.

B. On February 3, 2014, H donated each of the real estate listed in the separate sheet Nos. 1 through 3 to Defendant D, each of the real estate listed in the separate sheet Nos. 4 and 5 (hereinafter “each of the instant gift agreements”) to Defendant F, and completed each registration of ownership transfer to the Defendants on February 11, 2014.

C. On July 22, 2015, with respect to each real estate listed in the separate sheet Nos. 4 and 5, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the amount of KRW 31,80,000,000 (hereinafter “the registration of creation of a neighboring mortgage”) of the I Association, the debtor, Defendant F and the maximum debt amount.

On September 22, 2018, H’s seal is affixed to the gift agreement stating that each real estate listed in the attached list is donated to the Plaintiff (hereinafter “instant gift agreement”).

E. H died on October 6, 2018.

F. On September 22, 2018, the Plaintiff filed a claim for the registration of ownership transfer of the part inherited in accordance with the respective inheritance shares of co-defendants of the first instance court on the real estate listed in the separate sheet for Co-defendant B, C, E, and G, on the ground that they were donated from H on September 22, 2018, and all co-defendants of the first instance court were deemed to have led to the confession of the Plaintiff’s assertion, and the judgment was rendered to accept the Plaintiff’s claim against co-defendants of the first instance court, and the part against co-defendants of the first instance court among

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 17, 18 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the claim for the cancellation of the registration of ownership transfer in the name of the Defendants, and the claim for monetary payment against Defendant F

A. The Plaintiff’s assertion 1 and the Defendants are to rescind each of the instant gift agreements on September 1, 2018.

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