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(영문) 창원지방법원 2016.06.01 2015나35458
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 19, 2013, the registration of ownership transfer was completed on July 15, 2013 on the instant real estate owned by C, as the wife of C.

B. C: (a) On July 26, 2013, D: (b) died on December 14, 2014; and (c) the Defendant, both women of C and D, inherited the instant real estate.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 8 (including provisional number), and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff, the kys of the deceased C, was actually adopted at the time of birth to C and D. The deceased agreed to donate the instant real estate to the Plaintiff before birth, and D also agreed to donate the instant real estate to the Plaintiff on August 9, 2013, which was after the registration of the transfer of ownership to the Plaintiff on the instant real estate was completed.

As a result, D concluded a donation contract or private donation contract with the Plaintiff on August 9, 2013 regarding the instant real estate, the Defendant, who is the inheritor, is obligated to implement the registration procedure for ownership transfer on the instant real estate due to the said donation to the Plaintiff.

B. Determination 1) In light of the relationship with the Plaintiff and the Defendant, etc., the testimony of the witness J and the witness E of the first instance trial is difficult to believe it, and other evidence alone is insufficient to acknowledge the fact that a donation contract or a private donation contract was concluded with respect to the instant real estate between D and the Plaintiff, and there is no other evidence to acknowledge it. 2) Even if a donation contract was concluded on August 9, 2013 by declaring that the instant real estate was donated to the Plaintiff on the part of August 9, 2013, a gift not based on a written donation may be rescinded at any time unless the donation contract is performed (see Articles 55 and 558 of the Civil Act). The fact that the Defendant inherited D alone, as seen earlier, is the fact that the Defendant inherited D at any time, and there is no preparatory document as of May 1, 2015, including the Defendant’s declaration of intent to rescind.

6. The facts that were served on the Plaintiff are recorded.

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