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(영문) 부산지방법원동부지원 2020.11.05 2020가단3057
소유권이전말소등기
Text

1. The defendant shall share one half of the total area of 24 square meters in Busan Shipping Daegu Co., Ltd. and 44/296 of D large 32 square meters to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 5, 2019, the Plaintiff, as the Plaintiff, donated 1/2 of the Plaintiff’s share of 24 square meters in Busan Shipping Daegu, Busan Metropolitan City, and 24/296 of the share of 32 square meters in D, which is owned by the Plaintiff (hereinafter “instant real estate,” each of the said shares, and each of the said shares was referred to as “the Plaintiff’s share”), and entered into a contract on donation with bearing the following content (hereinafter “instant gift agreement”).

(A) “A”, “B”, “A”, “B”, “B”, “B”, at the expense of receiving a donation of an indicated real estate, is obligated to support the spouse while the spouse of “A” and “A” are alive, and perform them in good faith.

As a result of the above support, “B” shall pay “A” KRW 2,000,000 per month by the end of each month.

Article 5 (Cancellation of Contract) Where “B” falls under any of the following subparagraphs, “A” may rescind this contract:

1. When the obligation to support is not fulfilled under this Agreement, if this Agreement is terminated under Article 6(Measures after Cancellation of the Contract), “B” must not raise any objection or claim against the cancellation of the contract and other measures of “A” and shall deliver the property at the same time as the ownership transfer registration of the indicated real estate without delay.

(b) Busan Bank E (Plaintiff)

B. On March 7, 2019, the Plaintiff completed each registration of ownership transfer as stated in Paragraph (1) of the Disposition on the ground of donation on March 5, 2019 with respect to the Plaintiff’s share among the instant real estate (hereinafter “instant registration of ownership transfer”) to the Defendant on March 7, 2019.

C. The Defendant did not pay to the Plaintiff every month since the donation contract of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant failed to perform its duty to pay the instant gift contract, and thus, the instant gift contract was cancelled.

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