beta
(영문) 창원지방법원 2018.08.30 2017가단114811

소유권말소등기

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 Plaintiff and Defendant C, who were married on September 8, 1993, had her son E (F) under the supervision of the Plaintiff and Defendant C, and had a divorce on March 16, 2010. At the time of the divorce, E’s person with parental authority was designated as Defendant C. (2) At the time of the divorce, Defendant B was the birth of Defendant C.

B. 1) Shares 661/360 of the 3,360 square meters of D forest land in Mineyang-si (hereinafter “instant real estate shares”) are 661/360 of the 3,360 square meters of real estate.

(1) On April 19, 2006, the Plaintiff and Dongjin L&A Co., Ltd. (hereinafter “S&A”) as to the Plaintiff (hereinafter “S&A”)

(2) On March 9, 2010, the Plaintiff completed the registration of ownership transfer in the Defendant B on the ground that the instant real estate share was sold on April 12, 2006 between the parties. (2) On March 9, 2010, the Plaintiff completed the registration of ownership transfer on the ground that the instant real estate share was sold on March 8, 2010.

3) On January 31, 2017, Defendant B completed the registration of ownership transfer on the instant real estate share on the grounds of sale and purchase on the same date. [The fact that there is no dispute over the grounds for recognition, each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. The parties' assertion

A. Plaintiff 1) Any juristic act contrary to social order (Article 103) or unfair juristic act (Article 104 of the Civil Act) (Article 104 of the Civil Act), Defendant C forced the Plaintiff to be hospitalized into a mental hospital, and completed the registration of ownership transfer in the future of Defendant B, using the Plaintiff, who was issued a certificate of the Plaintiff’s personal seal impression by taking advantage of the legal relationship between the Plaintiff and the Plaintiff, and who could not make a normal accident and judgment due to the prescription, confinement, etc. of the hospital. The Plaintiff filed a lawsuit against the Defendant B, and the Defendants transferred the instant real estate to Defendant C. The registration of ownership transfer in the name of the Defendants, which was completed under the foregoing circumstances, was null and void pursuant to Article 103 (Legal Act Contrary to Social Order) of the Civil Act or Article 104 (Unfair Juristic Act) of the Civil Act. 2) The registration in the name of the Defendant