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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On March 15, 2012, the deceased (hereinafter “the deceased”) prepared a gift certificate with the content that the deceased donated each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by the deceased (hereinafter “the gift of this case”) to the Plaintiff on March 15, 2012 (hereinafter “the deceased”) and signed and sealed the deceased and the Plaintiff respectively on the above deed. On August 1, 2012, the deceased died on May 8, 2012. Meanwhile, on the other hand, on May 8, 2012, the deceased reported a divorce with the wife, E, F, and the Defendant’s heir, who were the deceased’s children, due to the completion of the report of divorce with D, and on January 18, 2013, the deceased reported inheritance to the Seoul Family Court on March 2012, 203 and F, and the Defendant reported inheritance to the deceased on January 29, 2013.
According to the above facts of recognition, the defendant, who is the inheritor of the deceased, is obligated to implement the registration procedure for transfer of ownership based on the donation made on March 15, 2012 to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. The Defendant, at the time of the preparation of the gift certificate on each real estate of this case, prepared a gift certificate stating that the Plaintiff donated each real estate of this case to the Plaintiff by mutual agreement with the Plaintiff for the purpose of transferring only the real estate of paragraph 5 of the attached list (hereinafter “the instant house”) of the instant real estate to the previous wife D, as the deceased failed to perform his/her business and was likely to be subject to compulsory execution on each of the instant real estate from the obligees. Thus, the Defendant asserts that the instant gift contract of this case is null and void.
In order to establish false declaration of intention, there is a difference between the truth and indication of declaration of intention and an agreement with the other party as to the discrepancy (see Supreme Court Decision 2003Da7357, Jun. 24, 2003), and Articles 8, 9, and 9, respectively.