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(영문) 광주지방법원 2018.10.16 2017가단510701
소유권이전등기말소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. Before the Plaintiff’s ownership transfer registration was completed on March 14, 2017 on the ground of the Plaintiff’s donation made on March 2, 2017 to the Defendant, who is his/her father on March 2, 2017, as the Gwangju District Court’s Naju registry office, received on March 14, 2017.

(hereinafter “instant transfer registration”). B.

The provisional registration for the right to claim transfer of ownership was completed in the Defendant of the provisional registration authority, on the ground of a pre-sale agreement made on March 14, 2017, No. 7487, which was received on March 10, 2017, by the Jeju District Court, the Jeju District Court’s Naju Registry (hereinafter “instant Gri land”) and No. 655 square meters, E, 433 square meters, and F, 213 square meters (hereinafter “instant Gri land”).

(hereinafter “Provisional Registration of this case”) 2. Summary of the parties’ assertion

A. The Plaintiff was in a state where the Plaintiff was unable to fully understand the situation relating to the instant case because it was not good for the Plaintiff’s elderly health.

The Plaintiff did not donate the instant land to the Defendant, nor sold the instant Gri land, and there is no reason to donate or sell to the Defendant the instant land that was solely inherited from the deceased H, the husband due to the division of consultation with the Defendant.

The registration of ownership transfer and provisional registration of this case shall be cancelled because the defendant's planned deception of the plaintiff is invalid.

B. Around 1983, Defendant’s 60,000 won out of one million won at the time of purchasing the instant land and the instant land and 734 square meters prior to I, which was set standards.

Considering such point, the Plaintiff donated the instant land to the Defendant.

In addition, the provisional registration of this case is completed at the end of the agreement with the plaintiff in order to prevent other punishment from arbitrarily disposing of the land of this case and to purchase the land of this case in the future.

The plaintiff has a mental ability, although it is difficult for the plaintiff to live in an old age, and both the registration of ownership transfer and the provisional registration of this case were made according to the plaintiff's will.

3. Determination;

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