logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.06.22 2015가단26467
소유권이전등기말소등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall register with the Suwon District Court, and on December 27, 2002.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 7, and there is no counter-proof.

The defendant is the plaintiff's children.

B. On December 27, 2002, the Plaintiff entered into a contract with the Defendant to donate the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant (hereinafter “instant donation contract”), and on the same day, completed the registration of transfer of ownership in the Defendant’s future with the Suwon District Court No. 61885 as to the instant real estate as to the registration of Ansan Branch and the receipt thereof.

C. The Defendant promised to support the Plaintiff with a primary occupation by donating the instant real estate, and the Plaintiff is a donation of the instant real estate on the condition that the Defendant fulfilled the duty to support.

However, the defendant did not have an occupation for the lapse of 14 years, and did not perform his duty to support the plaintiff at all, and made a hot spring of property as entertainment every day.

2. Determination:

A. According to the above facts, since the defendant did not perform the duty to support the plaintiff, which was the condition of the donation of this case, the plaintiff may rescind the contract of this case pursuant to Article 561 of the Civil Code.

I would like to say.

B. Therefore, the gift contract of this case was legally rescinded by the delivery of a copy of the complaint of this case where the plaintiff expressed his intention of rescission, and thus invalidated.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration as stated in Paragraph (1) of the Disposition on the instant real estate to the Plaintiff.

3. According to the conclusion, the plaintiff's claim of this case is accepted due to the reasons, and it is so decided as per Disposition.

arrow