logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2014.12.10 2013가단35573
부동산소유권이전등기말소 등
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 plaintiff is a member of the E religious organization Flusium in Guro-gu Seoul Metropolitan Government Association (hereinafter referred to as the "Flusium"), and the defendant is a member of the Flusium in the above Flusium.

B. On August 8, 2008, in relation to 588/1286/1286/128 of the Plaintiff’s 1286m2 in Sii-si, Sii-si, which was the Plaintiff’s ownership, the ownership transfer registration was completed on August 5, 2008 under the Defendant’s name.

C. On February 16, 2010, G field 1286 square meters in Silung-si was divided into G field 698 square meters and the instant real estate and its registration was completed.

On the ground of the partition of co-owned property on February 11, 2010, 58/1288 shares in the name of the defendant in the name of Siung-si 698 square meters was completed on March 12, 2010. Of the instant real property, on March 12, 2010, as to the part of 698/1286 shares in the name of the plaintiff among the instant real property, the registration of entire shares in the name of the defendant was completed on March 12, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff entered into an agreement to donate the instant real estate to the FIC with no knowledge that the instant real estate could not be transferred to the FIC because it was farmland. Since this is null and void as it is in violation of Article 6 of the Farmland Act, the registration of transfer of ownership in the name of the Defendant on the instant real estate must be cancelled (hereinafter “instant assertion 1”).

(2) The Plaintiff concluded a donation contract on the instant real estate with the FIC, and the Defendant impliedly agreed that the other party to the donation contract was himself/herself, not the FIC, and concluded a donation contract on the instant real estate with the Defendant as a donee. This constitutes grounds for revocation as an error of an important part concerning the contracting party, which constitutes grounds for revocation.

Accordingly, the Plaintiff may deliver a copy of the instant complaint to the Defendant with respect to the instant real estate.

arrow