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(영문) 부산고등법원(창원) 2020.10.08 2019나10388
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is as follows, and it is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The fifth side of the judgment of the court of first instance shall have been completed from 16 to 20 as follows.

Where a contractual party prepares in writing a disposal document, and the objective meaning of the text is clear, barring any special circumstance, the existence of the expression of intent and its content should be recognized. In particular, in a case where a significant impact on the legal relationship between the parties is caused by the interpretation different from the objective meaning of the text, the more strict interpretation of the text should be made (see Supreme Court Decision 2010Da26769, Nov. 11, 2010). In the case of the donation contract of this case, the donation contract of this case, which was prepared at the time of the donation contract of this case, the Plaintiff donated 150 million won to the Defendant by December 31, 2015, and 3/11 shares of each of the real estate listed in attached Tables 1 through 4, 200,000 won to the Plaintiff by the time of the Plaintiff’s death, and the Defendant paid 50,000 won per month to the Plaintiff by the time of the Plaintiff’s death,

In addition, if the defendant fails to perform the above obligation, the donated property stipulated in the above gift contract shall be returned to the plaintiff.

Therefore, barring special circumstances, the instant donation contract is obligated to pay KRW 150,000,000 to the Plaintiff and KRW 3/11,000,000,000 as stated in the separate sheet Nos. 1 through 4, and to pay KRW 50,00,00 per month until the Defendant died, in accordance with the language and text of the donation contract made at the time.

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