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(영문) 창원지방법원 밀양지원 2018.05.30 2017가단386
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The 453 square meters prior to the above MM was divided into the 588 square meters prior to the foregoing N (hereinafter “instant N”) and the 490 square meters prior to the foregoing P (hereinafter “O land”), the 186 square meters prior to the said P (hereinafter “instant P”) and the KR land.

B. The deceased L owned the instant O and K land, and completed the instant registration with Defendant B on the ground of the gift agreement dated January 9, 2017 (hereinafter “instant gift agreement”), and the Plaintiff owned the instant N and P land.

C. The Plaintiff occupied the N and K’s land in this case, and occupied the instantO and P’s land, and the Defendant B et al. were living together on the ground.

The deceased L was dead on April 21, 2017, and there were other Defendants, who are the wife B, children and grandchildren, as the inheritor or the substitute inheritor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff agreed to exchange the instant P and K land without separate settlement in order to coincide with the current status of registration and possession with the deceased L.

Therefore, the deceased L entered into the instant gift contract with Defendant B to avoid the transfer registration procedure of the ownership of the instant land even though it was liable to the Plaintiff, and the Defendant B actively participated in this. Thus, the instant gift contract is null and void.

Therefore, the Defendants, who are the deceased L’s successors, are obligated to cancel the instant gift contract and perform the registration procedure for ownership transfer of the instant land to the Plaintiff, and Defendant B is obligated to perform the registration procedure for cancellation of the instant registration.

B. In full view of whether the Plaintiff and the deceased L entered into an exchange contract between the Plaintiff and the Plaintiff, and the respective descriptions or images of Gap evidence Nos. 4 through 8, and the purport of witness Q and R’s testimony and the entire arguments, all of them shall be considered.

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