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(영문) 광주지방법원 2019.09.19 2018가단537857
소유권이전등기말소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant.

B. On August 1, 2018, the Plaintiff completed the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer”) on August 3, 2018 on the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) by the head of the Gwangju District Court and its registry office as the head of the Gwangju District Court No. 10932 on August 3, 2018.

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

2. The plaintiff asserts that the defendant donated the real estate of this case to the defendant on the condition that the plaintiff support the plaintiff, and that the defendant cancelled the contract of donation of this case and sought cancellation of the transfer of ownership of this case to its original state.

Whether or not there exists an agreement between the other party on the other party’s assumption of a separate obligation in relation to the gift or the other party’s assumption of a separate obligation in relation to the gift or the other party’s other party’s existence of legal effect is determined by the parties’ opposing intent, and whether or not it was agreed upon by explicitly or implicitly by means of speech or behavior, etc., and the party who asserts the existence thereof should prove the existence thereof (see, e.g., Supreme Court Decision 2010Da5878, May 27, 2010). The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the gift of this case is a onerous gift on the condition of support, and there is no other evidence to acknowledge this otherwise.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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