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(영문) 수원지방법원 2016.10.14 2015가합5531
소유권이전등기말소등기 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the Republic of Korea of the Plaintiff.

B. On March 25, 2004, the Plaintiff donated to Defendant B the land listed in attached Table No. 1 (hereinafter “instant land”). Defendant B completed the registration of ownership transfer on the said land based on the said donation.

C. On April 29, 2004, Defendant B completed the registration of preservation of ownership as to the building listed in Section 2 of [Attachment List No. 2] on the ground of the instant land (hereinafter “instant building,” and combined with the instant land, “each of the instant real estate”).

After all, regarding each of the instant real estates, the registration of the ownership transfer based on sale and purchase as of June 16, 2015 was completed on each of the instant real estates, and each of the instant real estates was completed on July 16, 2015 with respect to each of the instant real estates as to each of the instant maximum debt amounts of KRW 324,00,000, and the debtor C, Defendant IB Co., Ltd. (hereinafter “Defendant bank”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 6, 8, Eul evidence 8-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. As to the primary claim, the Plaintiff donated each of the instant real estate to Defendant B on the condition of supporting the Plaintiff, and Defendant B did not perform the above duty to support, and thus revoked the above-paid donation agreement, Defendant C and D are obligated to cancel the registration of establishment of each of the instant real estate, Defendant C and D, Defendant Bank, and Defendant B, respectively, completed the registration of establishment of each of the instant real estate, and Defendant B, who completed the registration of establishment of each of the instant real estate. Defendant B is obligated to implement the procedure for the registration of ownership transfer based on the restoration of the real name

B. As to the conjunctive claim, Defendant B did not dispose of the Plaintiff’s obligation to support and each of the instant real estate without the Plaintiff’s permission.

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