원인무효로인한 소유권이전등 등기 말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On the grounds delineated in the Plaintiff’s assertion as to the cause of the claim, the Defendant is obligated to implement the procedures for registration of cancellation of ownership transfer, which was completed by the Jeju District Court No. 77193, Sept. 5, 2014, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). A.
The Plaintiff and the Defendant’s sales contract on the instant real estate (hereinafter “instant sales contract”) concluded with the Plaintiff that the Plaintiff’s wife C filed a claim for divorce and division of property against the Plaintiff, and that the Defendant and D should not have the instant real estate deducted to C, and thus, is null and void due to a false declaration of conspiracy.
B. The instant sales contract is revoked since the Defendant, who had had an intention not to pay the purchase price, had induced the Plaintiff as if he were to pay the purchase price.
C. The Defendant did not pay the purchase price to the Plaintiff, and thus, rescinded the instant sales contract.
2. Determination
A. The sales contract on the instant real estate was prepared on December 9, 2013 between the Plaintiff and the Defendant as of December 9, 2013. The sales contract was concluded under the initiative of D, the main contents of which are as follows. The purchase price is KRW 130 million (the contract amount of KRW 30 million shall be the date of the contract, the intermediate payment of KRW 70 million shall be the intermediate payment of KRW 30 million shall be the date of the contract, and the outstanding payment of KRW 30 million shall be the date of January 25, 2013, and each payment of KRW 30 million shall be made on January 10, 2014). The name of the land and the land stipulated in Article 3 as of December 31, 2014. The seller of Article 5 shall be given to the purchaser all documents that can change the name when receiving any balance. 2) The Plaintiff written as the following document as the owner of D, as of December 10, 2014:
The total amount of real estate sales proceeds - The total amount of sales proceeds - The total amount of KRW 130 million - the down payment of KRW 30 million - the total amount of KRW 30 million from the buyer at E at E business establishment to verify the buyer's right of only KRW 9 December 2013 - the intermediate payment was received on December 9, 2013.