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(영문) 대전지방법원 2017.11.16 2016가단215544

소유권말소등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On December 21, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 85 million (hereinafter “instant sales contract”) shares 546/607 of the instant land (this share appears to be related to the sectionally owned co-ownership relationship with the sectional ownership of a specific part of the instant land; hereinafter “instant land”).

The special terms and conditions of the instant sales contract (hereinafter “the instant special terms and conditions”) are as follows:

Special contract terms: The balance shall be paid if the upper house and the seller use the bank trees and approximately 2 to 30 square meters (village land) on the land for sale and purchase and the buyer use the land in consultation.

(F) the proviso of this paragraph. (b)

From December 21, 2015 to December 30, 2015, the Plaintiff paid all the purchase and sale proceeds of the instant sales contract to the Defendant, and on December 29, 2016, the Defendant completed the registration of ownership transfer on the instant land portion to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7, the plaintiff's assertion of the purport of the whole pleadings

A. The Plaintiff may cancel or rescind the instant sales contract for the following reasons, and the Plaintiff expressed his/her intent to cancel or cancel the instant sales contract to the Defendant on or around June 20, 2016, or expressed his/her intent to cancel or cancel the instant sales contract by delivering a copy of the instant complaint to the Defendant.

Therefore, the instant sales contract was lawfully revoked or rescinded.

1) The Plaintiff entered into the instant sales contract with a view to farming houses, and a large quantity of wastes are buried to the extent that they cannot be used as dry field. As such, the Plaintiff entered into the instant sales contract with a knowledge of such circumstances. This is the Plaintiff’s conclusion of the instant sales contract with a view to an error in important parts concerning the present status of the instant land. (ii) The Defendant concluded the instant sales contract with the Plaintiff.