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(영문) 춘천지방법원원주지원 2016.11.23 2015가단37152
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the mother of the Defendant, and the Defendant is the second 2 South and North 4 women between the Plaintiff and C.

B. On October 24, 2007, the Plaintiff donated the instant real estate to the Defendant, and completed the registration of ownership transfer on the ground of donation under the Chuncheon District Court’s original support and No. 5663, Oct. 31, 2007.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. A. Around October 2007, the main point of the argument is that the Defendant newly constructed a building on the instant real estate surface to support the Plaintiff, and sold the rice (1412m2, Gangwon-do Won-si, Seoul Special Metropolitan City D) in the name of the Defendant, and divided each of 50 million won to the Plaintiff’s his father and the remainder to be used to support the Plaintiff, and donated the instant real estate to the Defendant on October 24, 2007, subject to this condition by the Plaintiff.

However, the defendant did not have a proper place for the plaintiff's meals, and did not pay not only the plaintiff but also the money that the defendant promised to provide proper hospital treatment despite the plaintiff's aggravation of health.

The Plaintiff’s transfer of the instant real property to the Defendant constitutes an onerous donation under which the Defendant supports the Plaintiff and pays the proceeds from the sale of the said D land, which was registered in the name of the Defendant, and thus, the Defendant did not perform his/her obligations, thereby cancelling the contract for onerous donation upon delivery of a duplicate of the instant complaint.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration in the name of the Defendant with respect to the instant real estate.

B. Determination 1: (a) in order for a donee to become an incidental member of the gift agreement to bear a liability for a certain amount of benefit at the same time as the donee received the gift, which is performed by the donee as a non-exclusive member of the gift agreement, a contract shall be concluded between the parties.

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