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(영문) 전주지방법원군산지원 2017.06.27 2016가단54808
지분소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is the plaintiff's children.

The Plaintiff owned each real estate listed in the attached list according to each co-ownership ratio in the attached list.

On April 28, 1998, the Plaintiff donated shares owned by the Plaintiff among the real estate listed in the attached list Nos. 1 through 4 to the Defendant. On June 1, 1998, the Plaintiff completed the registration of ownership transfer to the Defendant under the Jeonju District Court’s Gunsan Branch and the receipt of the aforementioned real estate.

On November 24, 2003, the Plaintiff donated shares owned by the Plaintiff among the real estate listed in the attached Tables 5, 6, and 7 of the List to the Defendant, and completed the registration of ownership transfer in the name of the Defendant as to each of the above real estate shares under the Jeonju District Court’s Gunsan Branch and receipt No. 48458.

[Ground of recognition] The plaintiff asserts to the purport that the plaintiff's donation of each real estate listed in the separate sheet to the defendant in the judgment as to Gap evidence No. 1, Gap evidence No. 2-1 through No. 7, and the claim for the purport of the whole pleadings is an onerous donation under the condition that the defendant, the male parent, support the defendant, and the defendant did not perform his duty to support the plaintiff, and thus the contract for donation of each real estate listed in the separate sheet is cancelled

However, in full view of the purport of No. 1-1-8 of the evidence No. 1-2 and the whole pleadings, it is recognized that the value of shares, among the real estate listed in the separate sheet at the time of the above donation, was as listed below.

The defendant bears the burden of supporting the plaintiff at the time when the plaintiff donated each real estate in attached Form 4(4)3,220,856,360 won, attached Table 5,450,385,315 won in accordance with the share ratio donated as the officially announced value per real estate value. Paragraph(2) of Paragraph(5), Paragraph(3) of Paragraph(5,450,975 won in attached Table 6,052,00 won in attached Table 3,220,220,240,856 won in attached Table 3,40,360 won in attached Table 6(6)3,400,079,160 won in attached Table 3,408,220 won in total, 3,61,101 won in attached Table 3,408,220 won in attached Table 3,61,101.

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