(영문) 인천지방법원부천지원 2015.10.21 2014가단37349

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(영문) 인천지방법원부천지원 2015.10.21 2014가단37349

소유권이전등기

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1. The Defendant’s gift on June 18, 201 to the Plaintiff is limited to each real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 8, 1997, the Plaintiff and the Defendant: (a) concluded a marriage report; (b) on August 7, 2015, the judgment that “the Plaintiff and the Defendant shall be divorced” (the Incheon District Court Branch Branch Decision 2014Da3651, 5909) was rendered.

B. On September 7, 2007, the Defendant completed the registration of ownership transfer under the name of the Defendant regarding each real estate listed in the separate sheet (hereinafter “instant land”).

C. On June 18, 2012, the Defendant concluded an agreement on the donation of the instant land to the Plaintiff (hereinafter “instant donation agreement”), and the Plaintiff and the Defendant drafted the content of the agreement in writing (donation).

[Ground of recognition] Unsatisfy, Gap 1-5 evidence (including additional number), Eul 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case on the ground of the gift contract of this case to the plaintiff.

B. Defendant’s defense 1) Defenses that the Plaintiff and the Defendant agreed to cancel the gift contract after the gift contract of this case. However, there is no evidence to prove the Defendant’s defense. 2) The Defendant asserted that the gift contract of this case was concluded for the smooth marital relationship and the harmony between the Plaintiff and the Defendant, but thereafter, the Plaintiff was divorced from the Plaintiff pursuant to Article 556(1)2 of the Civil Act (the donor may cancel the gift contract when the donee is under duty to support the donor, if the donee fails to perform such duty).

According to the purport of Eul evidence No. 2 and the entire argument, the plaintiff and the defendant discussed a divorce because they were not in good relationship by frequent marital fighting, etc. before and after the gift contract of this case, and they reached a situation in which the defendant raised a divorce lawsuit while setting aside his house.

However, both spouses shall live together, and each other.

참조조문

-민법 제556조 제1항 제2호

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