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(영문) 서울고등법원 2016.12.14 2016나2024480
손해배상(기)
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 defendant.

Reasons

1. Facts of recognition;

A. On May 7, 2008, C and D (the Defendant was the Defendant’s representative at the time of the birth as C) entered into the gift agreement between C, D and E with respect to May 7, 2008, with the content that “C and D shall donate 38,238 square meters of land in the Defendant’s wife population to E” (hereinafter “the ownership transfer registration was made under the Defendant’s name on April 25, 1995) and G forest 21,692 square meters, H forest 13,608 square meters, 13,608 square meters of land in H forest, I 5,785 square meters of forest, and J forest 12,218 square meters of land in HK’s heir C, L, D, M, N, P, Q, etc., with the content that “E shall donate 3/10 of the heir’s share to E under the responsibility of C and D” (hereinafter “instant contract”).

B. C on May 29, 2008, as Suwon District Court Decision 2008Gahap10573, filed a lawsuit against the Defendant for the transfer of ownership or the cancellation of ownership on the entire land of this case and on the land of G forest No. 21,692m2, above I forest No. 5,785m2. On December 22, 2008, Suwon District Court 2008Gahap26288 filed a lawsuit against the Defendant for the transfer of ownership on the entire land of this case as the Suwon District Court 2008Gahap10573, Sep. 208, 2008. However, the Seoul High Court 209DaDa216291, Jun. 23, 2008, dismissed the claim against the Defendant for the transfer of ownership on the entire land of this case as a result of the restoration of real name. However, the Seoul High Court 201m29, Jun. 26, 2012

3 C On January 6, 2009, when the Suwon District Court 2008Gahap26288 was pending in the lawsuit, the defendant does not perform compulsory execution based on the confirmation in the case in Suwon District Court 2008Gahap26288 and the claim for ownership transfer registration based on the restoration of real name is the defendant.

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