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(영문) 대구지방법원 2020.07.10 2019가단102953
소유권이전등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on the donation made on October 31, 2018.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) On October 31, 2018, around October 31, 2018, the Plaintiff is a real estate indicated in the separate sheet C (hereinafter “instant real estate”).

(2) Accordingly, the Defendant, who acquired the instant real estate as the inheritor of the said C due to an agreement division, is obligated to implement the registration procedure for transfer of ownership based on the said date donation to the Plaintiff.

3) On September 2013, the Plaintiff purchased the instant real estate from Nonparty D and entrusted the title of ownership in the name of C. The Plaintiff expressed his/her intent to cancel the title trust of the instant real estate by serving the purport of the instant claim and the written application for change of the cause of the claim. Therefore, the registration of transfer of ownership in the name of the Defendant should be cancelled by the registration invalidation of the cause for invalidation, and the Defendant is obligated to implement the registration procedure for transfer of ownership for the purpose of restoring the real name or unjust enrichment. (B) The Defendant’s assertion that, even if the instant real estate was donated to the Plaintiff, the Plaintiff did not express his/her intent in writing, and thus, the Plaintiff revoked his/her intent of donation. (2) On October 31, 2018, according to the purport of the written statement, etc. and the written statement, evidence Nos. 4,5,66, etc. of the instant report and the written statement, etc., written evidence No. 3605, Oct. 4, 2018.

3. It is so decided as per Disposition with the assent of all participating Justices who reviewed the plaintiff's argument.

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