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(영문) 서울서부지방법원 2018.10.10 2017가단22516

가등기말소

Text

1. The defendant shall be the plaintiff.

(a) The Seoul Western District Court with respect to the real estate stated in paragraph 1 of the attached real estate indication.

Reasons

1. Facts of recognition;

A. The defendant is the plaintiff's son's son as the plaintiff's son, and C and the defendant are U.S. citizens.

B. On December 12, 200, the Plaintiff: (a) registered the ownership transfer of an apartment as indicated in attached Form No. 1 on the ground of sale; and (b) on June 15, 2017, the Defendant registered the right to claim the transfer of ownership based on the purchase agreement as of the above apartment as of June 15, 2017.

C. On March 24, 2014, the Plaintiff: (a) registered the transfer of ownership on the land indicated in attached Form No. 2 as the reason of sale; and (b) on June 21, 2017, the Defendant registered the right to claim the transfer of ownership on the land as the reason of the purchase promise made on June 5, 2017.

(2) The apartment and land indicated in the separate sheet No. 1, No. 4-1, 5, 6-1, 7-1, 2, and 3-1, 2, and 3-2, and the purport of the entire pleadings is as follows: (a) the above purchase and sale reservation for the apartment and land of this case is “each of the instant apartment and land”; and (b) the provisional registration is “each of the instant provisional registration”; (c) there is no dispute; (d) evidence No. 1 through 3, evidence No. 4-1, evidence No. 4-1,

2. Determination

A. The Plaintiff’s assertion that each of the above agreements for purchase and sale and the provisional registration of this case pertaining to apartment and land was made by the Defendant’s coercion. As such, the Plaintiff revoked each of the instant agreements on the ground of coercion by delivery of a duplicate of the complaint of this case, the Defendant is obligated to implement the procedure for cancellation registration of each of the provisional registration of this case by reinstatement.

B. (1) Comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence, the Plaintiff may recognize the fact that the Plaintiff made each of the instant apartment and land reservations with respect to the apartment and land in order to avoid harm and harm caused by the Defendant’s coercion.

① At the time of each of the instant sales reservations, the Plaintiff was a senior citizen of 84 years old at the time of each of the instant sales reservations, and the maximum correction time is only 0.02 due to the habitability of both banks.