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(영문) 창원지방법원 2017.12.21 2017가합51801
소유권이전등기
Text

1. On August 3, 2012, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Changwon District Court Kim Jong-hae registry office.

Reasons

1. Facts of premise;

A. The plaintiff and the defendant are women relations.

B. On November 20, 2002, the Plaintiff completed the registration of transfer of ownership under the name of the Plaintiff on the grounds of each sale on the real estate stated in the separate sheet Nos. 1 and 2, and on May 11, 2003, on the real estate listed in the separate sheet No. 3.

(hereinafter referred to as “instant real estate”), each real estate listed in the separate sheet,

On August 3, 2012, the Plaintiff registered the transfer of ownership in the name of the Defendant on the ground of donation under the Changwon District Court Decision No. 72931, which received from the Changwon Kim Sea Registry.

(hereinafter referred to as “instant gift”). [Grounds for recognition] without dispute, entry of Gap evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant real estate was inherited from the Plaintiff’s husband C to the Defendant, and transferred the title trust to the Defendant, and the real estate of this case was owned by the Plaintiff’s husband C, and was owned by the Defendant (hereinafter “D land”).

(2) On August 3, 2012, the Plaintiff was donated to the Defendant on August 3, 2012 with real estate purchased as compensation for expropriation. (2) The Plaintiff donated the instant real estate to the Defendant under a condition subsequent to the Defendant’s nonperformance of the obligation to support, but the Defendant fulfilled a condition subsequent to the Defendant’s nonperformance of the obligation to support from March 2015, the Plaintiff sought implementation of the procedure for registration cancellation of ownership transfer registration of each of the instant real estate due to its restitution.

B. The Defendant’s primary assertion 1) The cancellation of the gift by the act of gift under Article 556(2) of the Civil Act lapses after six months from the date on which the donor became aware of his/her act of gift. As such, the Plaintiff cannot rescind the instant gift on the ground that the Defendant failed to perform his/her duty to support from the beginning of March 2015. (2) Preliminary assertion 1) The instant real estate acquired with the Defendant’s funds and held the title trust to the Plaintiff in order to avoid restrictions under the farmland-related statutes.

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