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(영문) 서울동부지방법원 2015.10.16 2015나20621
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for a party member to the instant case cited in the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition of the following additional decisions, and thus, it is determined to accept it as it is in accordance with the main sentence

The defendants asserts that even if the registration of transfer of ownership completed on October 20, 2004 in the name of defendant I was null and void on the ground of the donation made on September 12, 2004 with respect to each of the instant real estate by the interpreter on September 12, 2004, the plaintiffs implicitly ratified the said gift contract which was null and void because they knew that the gift contract was null and void on September 12, 2004, even though they were aware that it was null and void for a long period of 10 years.

The statements in the evidence Nos. 2 through 8 and the testimony of K witness of the trial of the party are insufficient to acknowledge that the plaintiffs implicitly ratified the gift contract of September 12, 2004, as alleged by the defendants, and there is no other evidence to acknowledge it. The defendants' above assertion is without merit.

(1) The above evidence alone is insufficient to recognize that the deceased declared his intention to donate each of the instant real estate to Defendant I before the birth. The defendants' assertion that the registration of transfer of ownership in Defendant I's name is consistent with the substantive relationship is also without merit). 2. As such, the plaintiffs' claim is justified. Thus, the judgment of the court of first instance is consistent with this conclusion, and it is so decided as per Disposition by the assent of all the defendants.

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