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(영문) 서울남부지방법원 2016.09.07 2016가단210119

매매계약부존재확인 청구의 소

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On April 20, 2015, the sale contract between the Plaintiff and the Defendant on the real estate listed in the attached list is null and void.

Reasons

Facts of recognition

There is no dispute, or according to the whole purport of Gap evidence Nos. 1 through 3 (including the number of branch numbers), and the whole purport of the pleadings, the following facts can be acknowledged: ① The plaintiff (C) completed the registration of ownership transfer on January 27, 199 on the real estate listed in the separate sheet (hereinafter "the real estate in this case") due to an agreement division; ② the plaintiff was hospitalized for 30 months due to Alz-type dementia, cerebral cerebrovassis (perssis), but the defendant (the plaintiff's mother) completed the registration of provisional disposal of the real estate in this case on May 18, 2015 with the right to claim the ownership transfer registration as preserved right.

Judgment

Therefore, it is reasonable to deem the sales contract of this case as null and void as it was conspired to prevent the disposal of the real estate of this case without the plaintiff's intention of selling and the defendant's intention of purchasing, and as long as the defendant intends to maintain the above provisional disposition, it also

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.