logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2017.11.01 2017가단30261
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the plaintiff's mother.

B. On March 12, 2015, the Plaintiff entered into a donation agreement with the Defendant on the original city forest land 2,271 square meters (hereinafter “instant land”). On March 13, 2015, the Plaintiff completed the registration of ownership transfer on the ground of the agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 3, the purport of the whole pleadings

2. On the grounds delineated below the Plaintiff’s assertion, the instant donation contract was null and void or cancelled.

Even if not, this case's gift contract is substantially subject to the title trust, and the above title trust was terminated.

Therefore, the defendant should implement the procedure to cancel the registration of ownership transfer concerning the land in this case to the plaintiff.

① At the time of the instant donation contract, the Plaintiff was in the state of his capacity to perform duties due to alcohol addiction, and thus, the instant donation contract is null and void.

② The instant donation contract is one-time donation in return for the Defendant to perform the obligation to support the Plaintiff’s hospital expenses, etc., and the Defendant did not perform the above obligation. As such, the Plaintiff cancelled the instant donation contract by delivering a copy of the instant complaint, based on Article 561 of the Civil Act.

③ The instant land was the only property of the Plaintiff. Since the Plaintiff’s property status was significantly changed due to the instant gift agreement, and the implementation thereof had a significant impact on his livelihood, the Plaintiff’s contract on the instant land was rescinded by delivery of a copy of the instant complaint, based on Article 557 of the Civil Act.

④ The instant gift contract is formally transferred to the Defendant to observe its own property. In substance, the Plaintiff made a title trust of the instant land to the Defendant.

The Plaintiff terminates the title trust by serving a duplicate of the instant complaint.

3. Determination

A. Determination as to the assertion of legislative capacity A.

arrow