(영문) 창원지방법원통영지원 2014.06.19 2013가합2418

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(영문) 창원지방법원통영지원 2014.06.19 2013가합2418

소유권이전등기말소

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1. On April 14, 2013, a lawsuit concerning D forest land 1,505 square meters and E forest land 3,060 square meters and 1/6 square meters shall be brought to the death of the deceased Party A.

Reasons

1. Basic facts

A. On November 15, 1995, the deceased A (hereinafter “the deceased”) donated the instant real estate to the Defendant, his president, and completed the registration of ownership transfer, and on October 15, 2004, donated F land and its ground (hereinafter “the instant real estate ②”) to G, who is the Defendant’s children, and completed the registration of ownership transfer on October 15, 2004.

(hereinafter referred to as “instant gift contract” in total) B.

The Deceased died on April 14, 2013 due to diseases, such as cerebral typhism, chronological high blood pressure, waste collecting, and cardiopulmonary typosis, etc., and died on several occasions from around 2006 to around 2013.

C. The deceased’s heir is the deceased’s son L and M, who is the son of the deceased, the deceased’s children, H, I, J, and deceased’s children, the deceased’s children.

Plaintiff

After the death of the deceased, the designated parties submitted a written application for resumption of the lawsuit to this court.

【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence 1 through 8, 10, 11, 12, Eul evidence 1, 8, and 11, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion concluded the instant donation contract with the Defendant on November 15, 1995, and agreed that “the Defendant supported the Deceased, and the Defendant did not dispose of the real estate during the existence of the Deceased, and if the Defendant neglected to support the Deceased, he may unilaterally cancel the instant donation contract.” As such, the instant donation contract constitutes an onerous donation contract.

Nevertheless, the Defendant neglected the deceased’s duty to support the deceased’s recovery, and violated the terms and conditions of the gift contract of this case, such as selling the real estate of this case, during the existence of the deceased. Accordingly, the deceased revoked the gift contract of this case.

Therefore, the defendant shall restore the plaintiff to its original state according to the inheritance shares of the plaintiff and the designated parties.

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