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(영문) 춘천지방법원 2014.05.02 2013나2645
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim as changed in exchange at the trial respectively.

Reasons

1. The reasoning for the court’s explanation concerning this part of the basic facts is as stated in the judgment of the court of first instance, except for the addition or modification as follows. Thus, this part of the basic facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the second 10th and the first 11th of the judgment of the first instance:

Around January 1, 2001, when the Plaintiff and the Defendant came to know about the Plaintiff’s statement of performance and the Defendant came to know about about 201, the Defendant had sexual intercourses about 1 and 2 times a month with the former wife and became very close to the Defendant’s residence, etc. However, the Defendant did not report marriage in a regular manner, but requested the Defendant to set up measures against the Defendant to address anxiety with his child, and the Defendant would like to draw up an idea that the Defendant, who had no property outside the forest of this case at the time, was able to gather in the forest of this case and to prepare measures against the Plaintiff’s old age while living together with the Plaintiff. The second 14th th 14th of the judgment of the first instance court of this case, “the content” was changed to “the content”.

The part "request" in the second 16th of the judgment of the court of first instance shall be changed to "payment".

2. Judgment on the main claim

A. As seen in the above basic facts in the nature of the execution memorandum of this case, although the Plaintiff’s signature and seal are not indicated, it was prepared and delivered at the Plaintiff’s request in the sense that the Defendant provided the Plaintiff’s old age measures, it is reasonable to deem that it is a private donation by agreement between the Plaintiff and the Defendant.

B. As to the claim of the first defendant's main defense against this safety defense, the defendant can file a lawsuit for the execution of the procedure for ownership transfer registration following private donation with all the executors including the inheritor as co-defendants, in light of the fact that the plaintiff can file a lawsuit for the execution of ownership transfer registration due to private donation.

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