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(영문) 부산고등법원 2015.04.09 2014나51510
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the claim for cancellation of registration of ownership transfer

A. The Plaintiff’s assertion 1) The Plaintiff’s real estate indicated in the separate sheet between the Defendant and the Defendant (hereinafter “instant real estate”).

(2) The gift contract with respect to the donation of this case (hereinafter “instant donation contract”).

(2) On May 9, 2013, the Plaintiff concluded a contract of donation and completed the registration of transfer of ownership on the instant real estate on the ground of donation in the future of the Defendant. However, since the instant contract was concluded by the Defendant’s confinement, assault, threat, etc., the Plaintiff’s revocation of the instant contract of donation. In addition, the donor may rescind the contract of donation if the donee is obligated to support the donor (Article 556(1)2 of the Civil Act). In addition, the Defendant is not obligated to support the Plaintiff (Article 56(1)2 of the Civil Act). If the status of the donor changes substantially after the contract of donation, the donor may rescind the contract of donation if it has a significant impact on his livelihood due to the implementation of the contract of donation. (Article 557 of the Civil Act)

3) Even if not, on February 14, 201, the Plaintiff’s children, including the Defendant, received each KRW 50 million from the Plaintiff and subsequently did not raise any objection to the Plaintiff’s property. However, inasmuch as the Defendant received the instant real estate from the Plaintiff against its content, the instant donation contract is in violation of the principle of trust and good faith and is null and void. Accordingly, the Defendant’s objection to the Plaintiff.

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