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(영문) 대구지방법원 2016.05.04 2015나15595
소유권이전등기말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. Plaintiff D is the spouse of the network F, and Plaintiff A, B, and C are their children.

The networkF died on May 6, 1994.

B. On May 30, 2013, Plaintiff D donated each real estate listed in the separate sheet 1 and 2 to the Defendant, and registered the transfer of ownership on June 14, 2013.

C. On June 14, 2013, the Defendant completed the registration of ownership transfer on the real estate listed in the attached Table 3, which is owned by the net F, due to a consultation or division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 10 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion D caused the aggravation of health due to brain color, etc. so that support for their children became necessary.

Accordingly, under the condition that the defendant supports the plaintiff D, the plaintiff D entered into a contract of gifting each real estate listed in the separate sheet 1 and 2, and the plaintiffs entered into an agreement of division of the inherited property to inherit the real estate listed in the separate sheet 3.

However, since the defendant did not perform the obligation to support the plaintiff D, the plaintiff D cancelled the agreement on onerous donation for each real estate listed in the separate sheet 1 and 2 and the agreement on division of inherited property for each real estate listed in the separate sheet 3, and the remaining plaintiffs cancelled the agreement on division of inherited property for the real estate listed in the separate sheet 3.

Therefore, the defendant has a duty to implement the procedure for cancellation registration of each transfer of ownership, such as the written purport of the claim.

B. The mere descriptions of evidence Nos. 12, 21, and 22 are insufficient to recognize that the Defendant entered into a contract of onerous donation with respect to each real estate listed in the separate sheet “as a condition for the support of the Plaintiff D,” and that there was a consultation on division of inherited property, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiffs' claims are without merit.

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