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(영문) 대구지방법원 2015.09.11 2014가단29770
소유권이전등기말소등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The gist of the plaintiffs' claims is as follows.

Plaintiff

D is the mother of the Defendant, and the rest of the Plaintiffs and the Defendant are the children of Plaintiff D.

B. The Plaintiff D’s husband, the rest of the Plaintiffs, and the Nonparty Party F, the father of the Defendant, purchased the real estate listed in the attached Table 1 and 2 in the name of Plaintiff D for the stabilization of Plaintiff D’s old age.

C. On May 30, 2013 after the death of the above F, Plaintiff D donated to the Defendant the real estate listed in the attached Table 1 and 2, subject to the condition that the Defendant supports himself due to brain color, etc.

In addition, the real estate listed in the attached list 3 was originally owned by F, and after the death of F, the defendant supported the plaintiff D, and the plaintiffs who inherited the real estate listed in the attached list 3, and the defendant, on May 30, 2013, decided to donate all the plaintiffs' share in the real estate listed in the attached list 3 to the defendant on May 30, 2013, and registered the ownership transfer due to inheritance by consultation and division on May 30, 2013.

E. However, since the Defendant did not comply with the Plaintiff’s promise with the Plaintiff, Plaintiff D, through the delivery of a copy of the complaint in the case No. 2015da28262, cancelled a contract on onerous donation for the real estate indicated in the separate sheet No. 1 and 2, and a contract on divisional donation for the inheritance of the real estate listed in the separate sheet No. 2014da2970, and the rest of the Plaintiffs, through the delivery of a copy of the complaint in the case No. 2014Gada2970, and sought implementation of each procedure for cancellation of ownership transfer registration of each claim No. 1 and 2, respectively.

Pursuant to the condition that the plaintiff support the plaintiff D, the ownership of the real estate listed in the separate sheet shall be donated or the division of the inherited property shall be consulted, only with the confirmation document of evidence No. 12 submitted by the 2014Kadan2970 and the recording document No. 21,22.

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