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(영문) 수원지방법원안산지원 2016.05.03 2015가단107953
소유권이전등기
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 February 20, 1986, the network S married with the Plaintiff’s father T, and the network T had the Plaintiff, U, and V prior to the marriage with the network S as its children.

B. On September 8, 2004, the network T donated the real estate listed in the separate sheet (hereinafter “instant real estate”) to the network S, and died in around 201, and the network S died on March 10, 2015.

C. The Defendants are the successors of the network S. The respective inheritance shares of the Defendants are identical to the shares stated in the claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties that: (a) around February 15, 2015, the deceased S donated the instant real estate to the Plaintiff, U, and V; and (b) thereafter, U, V transferred all the rights to the instant real estate to the Plaintiff; and (c) the Defendants, the deceased S’s heir, are obligated to implement the ownership transfer registration procedure with respect to the instant real estate, as the gift pertaining to the instant real estate was a onerous donation, and the Plaintiff fulfilled the part to be borne by the Plaintiff

As to this, the Defendants asserted that even if the Plaintiff received the instant real estate gift from the deceased S, the intent of the gift was not expressed in writing, and that it was rescinded by the delivery of the duplicate of the reply in this case.

B. A gift not based on a written judgment may be rescinded (Article 555 of the Civil Act). If a donor dies without completing the registration of ownership transfer, an inheritor who succeeds to the rights and obligations pursuant to the contract of gift may rescind his/her declaration of intent of gift pursuant to Article 555 of the Civil Act (see, e.g., Supreme Court Decision 2003Da1755, Apr. 11, 2003). However, in cases of onerous donation, where Article 561 of the Civil Act applies mutatis mutandis to bilateral contract, and where the other party liable to bear the obligation fails to perform his/her obligation, the donation contract is already

(b)if any;

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