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(영문) 울산지방법원 2018.10.10 2018가단58105
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 24, 1986, the plaintiff and the defendant were legally married couple who completed the marriage report and had C and D as their children.

B. On February 3, 2015, the Plaintiff completed the registration of transfer of ownership on the ground of sale as of December 4, 2014, with respect to the two-story housing of Ulsan-gun E-do (the name of the administrative district was changed to F, April 1, 2018) G large 60 square meters, G, H, and H ground tanks, two-story housing of 101.09 square meters in storage, one-story 101.09 square meters in storage, and one-half of co-owners’ shares in the two-story 58.29 square meters in storage.

C. On February 5, 2018, the Defendant completed the registration of ownership transfer for each real estate listed in the separate sheet (as to each real estate listed in subparagraph 1-b of the foregoing paragraph; hereinafter “each real estate of this case”) based on the same day-based gift agreement (hereinafter “instant gift agreement”) under the Ulsan District Court’s receipt of the same day as the Ulsan District Court’s receipt of the same date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. On February 2, 2018, the Plaintiff asserted that: (a) without having received a demand from the Defendant on February 1, 2018 and without having confirmed the details thereof, the Plaintiff prepared a donation contract with the Defendant (Evidence 1; hereinafter “instant donation contract”); and (b) issued the Plaintiff’s certificate of personal seal impression to the Defendant; and (c) the Defendant completed the registration of ownership transfer on each of the instant real estate based on the instant donation contract.

However, even though the Plaintiff did not intend to donate each of the instant real estate to the Defendant, the Plaintiff intentionally disposes of the said real estate with intent to divorce with the Plaintiff. As such, the instant donation agreement is null and void as a disposal act by the Defendant’s deception or by the Defendant, an unentitled person against the Plaintiff’s intent, and thus, the Defendant is obliged to implement the procedure for cancelling the registration of cancelling the ownership transfer with respect

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