소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The registration of ownership transfer (hereinafter “each of the instant real estates”) was completed in the name of the Defendant as of February 2, 2010 on the grounds of the sales contract on February 1, 2010 with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”) as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant sales contract”).
2. The plaintiff's assertion and judgment
A. Each transfer registration of ownership of this case shall be cancelled for the following reasons as asserted by the Plaintiff.
(1) Although the Plaintiff did not sell each of the instant real estate to the Defendant, the Defendant prepared a false sales contract, and completed each of the instant registrations of transfer against the Plaintiff’s will, such registration is invalid.
(2) At the time of the instant sales contract, the Plaintiff was aged 78 years and the market price of each of the instant real estate was approximately approximately KRW 100 million.
Nevertheless, the Plaintiff sold each of the instant real estate to the Defendant in four million won, which is null and void by a juristic act that has considerably lost fairness due to the Plaintiff’s old-age, rash, and inexperience.
(3) While the Plaintiff and the Defendant’s mother living together, the Plaintiff donated each of the instant real estate to the Defendant on the condition that the Defendant’s mother support the Plaintiff until the Plaintiff’s death.
The instant sales contract is a de facto onerous donation contract. The Defendant’s mother unilaterally organized the relationship with the Plaintiff after the registration of transfer of each ownership of this case and did not perform the duty to live together and perform the duty to support. Therefore, the instant sales contract is rescinded.
B. The Defendant prepared a false sales contract and completed each of the instant registrations of transfer against the Plaintiff’s will.
At the time of the instant sales contract, the market price of each of the instant real property was about 100 million won, and at the time, the Plaintiff was in the state of old-style, rashness or inexperience.
(2) The court below's determination