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(영문) 서울고등법원 2015.03.19 2014나33927
소유권말소등기
Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.

The defendant.

Reasons

Basic Facts

On December 15, 1961, the pertinent Plaintiff married with C on December 15, 1961, and had children under the slives D, E, a woman.

Plaintiff

The registration of ownership transfer in the name of the defendant was completed on December 11, 2006 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 2 of the same Table, No. 73832, Jun. 18, 2008 with respect to each real estate listed in paragraphs (2) through (8) of the attached Table No. 16082, Jun. 18, 2008 with respect to which the plaintiff owned the ownership of the real estate, and No. 16082, May 30, 2008; No. 16082, May 30, 2008; and No. 28074, May 27, 2008 with respect to each of the real estate listed in paragraphs (9) of the same list, with respect to the maximum debt amount of the plaintiff as the defendant, the maximum debt amount of each of the real estate was completed on May 20, 2008.

(hereinafter) In case where each of the above real estate is separately available, the following facts are indicated only by the sequences corresponding to the attached list and [the grounds for recognition]. [No dispute exists; Gap evidence Nos. 4-1 through 10, Gap evidence No. 5-1 through 3, and Gap evidence No. 14; the plaintiff in the part of the real estate Nos. 1, 6, and 7, the purport of the whole argument by the plaintiff as to the whole; the plaintiff in the part of the real estate Nos. 1, 6, and 7, the plaintiff support the plaintiff as well as the social welfare business performed by the plaintiff; on the premise that the purchase price of the real estate is used for the social welfare business, the plaintiff has donated the defendant with the burden of the above real estate Nos. 1, 6, 7,

However, since the defendant not only did not properly support the plaintiff, but also disposed of I real estate to others, and did not use the purchase price for the social welfare business, the contract of donation following the non-performance of the burden.

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