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(영문) 수원지방법원 2014.11.28 2014가단18380
소유권이전등기
Text

1. The Defendant’s gift was based on February 12, 2014 with respect to the real estate indicated in the attached list to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff, as the spouse of C, who is the Defendant’s children, was in conflict with C around February 2014, on the ground that C’s mobile phone text was written from another female, and the Plaintiff was in conflict.

(2) On February 12, 2014, the Defendant entered into a donation contract with the Plaintiff regarding the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as follows (hereinafter “instant donation contract”).

O The defendant promises the plaintiff to donate the real estate of this case to the plaintiff free of charge within the meaning of the intention of the plaintiff's wrongful act and the promise to prevent recurrence.

O The defendant shall transfer the full ownership of the donated object to the plaintiff, and the plaintiff shall acquire its ownership.

The Defendant shall deliver the instant real estate to the Plaintiff by March 12, 2014, and at the same time complete the procedure for the registration of ownership transfer of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on February 12, 2014 with respect to the instant real estate according to the instant gift agreement to the Plaintiff, except in extenuating circumstances.

2. As to the judgment on the Defendant’s assertion, the Defendant’s assertion is followed, and thus, it is deemed in turn.

A. (1) The Defendant asserted that the instant donation contract is null and void. At the time of the conclusion of the instant donation contract, the Defendant did not agree with the Plaintiff and the Defendant on the gift since the Defendant did not intend to donate the instant real estate. The instant donation contract did not contain a list of real estate attached thereto, or was made normally by stating the Defendant’s personal information at his own discretion. Thus, the instant donation contract does not constitute a contract for donation of this case.

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