소유권말소등기
1. The Defendant, on August 2014, shall provide the Plaintiff with a branch court of the Daegu District Court with respect to the shares of 1/6 among the real estate listed in the attached list.
1. Basic facts
A. On July 25, 2014, the Defendant, as an agent of the deceased C (hereinafter “the deceased”), prepared a sales contract with the content that the Defendant shall sell real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”) to the Defendant at KRW 180,000,000,000, but the down payment amount of KRW 20 million shall be KRW 80,000 per contract and the intermediate payment of KRW 80,000,000 per contract, August 6, 2014; and the remainder amount of KRW 80,000,000,000 by October 8, 2014.
(hereinafter “instant sales contract”). B.
After that, on August 7, 2014, the Defendant completed the registration of ownership transfer from the Deceased to the Seogu District Court Branch of Seogu District Court on the instant real estate under No. 10284, August 7, 2014.
(hereinafter “instant transfer registration”). C.
The Deceased died on August 13, 2014, and the Deceased was his/her child as his/her heir, E, Plaintiff, F, D, G, and H.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff 1’s assertion from April 24, 2014
5. Until September 1, 200, the Ministry of Health and Welfare had received hospitalized treatment due to the heart dong, heart boom, and pulmonary dye, etc., and around May 20, 2014, the near family members were unable to memory.
Since the sales contract of this case is null and void as it is concluded with D who was not entitled to exercise the right of representation in the above capacity of the deceased in the above capacity of office, the plaintiff is seeking to cancel the registration of transfer of ownership in the name of the defendant as an act of preserving jointly-owned property.
2. The Defendant Deceased’s ancillary, managed the instant real estate in Pyeongtaek, and H requested the real estate brokerage office to sell the instant real estate.
In addition, D, at the time of the instant sales contract, allowed the deceased to communicate with the deceased through social workers of the deceased, and the deceased clearly expressed his intention to sell the instant real estate.
Therefore, D and H are about the instant real estate from the Defendant.