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(영문) 서울고등법원 2018.04.05 2017나2042812
증여계약 취소 등
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 reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the judgment on the Plaintiff’s assertion that is emphasized or newly introduced by this court, and thus, the reasoning of the judgment of the court of first instance is identical to that of the court of first instance. As such, it shall be cited in accordance with

In addition, the part of the judgment of the court of first instance shall be "for more than 30 years after marriage in 1989" from the last 4th eth to the first eth 1st eth eth 1st eth eth eth eth eth 1989."

Each "Witness F's testimony" of the 4th, 11th, 6th, 8th, and 4th of the judgment of the first instance court shall be "F's testimony".

On the 6th judgment of the first instance court, the "C and the defendant who is the son and his spouse" in the 19th judgment shall be "C and the defendant who is the son and her spouse".

The 6th to 12th of the judgment of the first instance court is as follows.

【D. The Defendant paid KRW 3 million each month to the Plaintiff after the instant donation. From September 5, 2016, the Defendant paid KRW 2.5 million each month.

2. Additional determination

A. Although the Plaintiff and the Defendant have expressed their intent to donate each of the instant real estate to C, the Plaintiff’s summary of the Plaintiff’s assertion was not a fact that the Defendant, the spouse of C, expressed his/her intent to donate the instant real estate to the Defendant. The Plaintiff’s assertion that each of the instant real estate was donated to the Defendant includes the number of pages B (a serial number) stating that the Plaintiff donated each of the instant real estate to the Defendant.

hereinafter the same shall apply.

A) Each gift agreement is a document that the Plaintiff voluntarily prepared by the Defendant using a dynasty certificate for the gift of each of the instant real estate to C. The Plaintiff signed and sealed the instant gift agreement to the same effect (the lower part of the certificate No. 6), but said agreement is a document necessary for the Defendant and C to take over the instant obligation.

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