소유권이전등기 말소등기절차 인수의 소
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 13, 2018, the Plaintiff entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet owned by Defendant B (hereinafter “each of the instant real estate”).
In lieu of the payment of some of the above purchase price, the Plaintiff agreed to take over the obligation to repay the aggregate of the lease deposit amount of KRW 660 million with respect to each of the instant real property, and the actual secured obligation of KRW 150 million with respect to the collateral security in the name of the debtor B and the maximum debt amount of KRW 195 million with respect to each of the instant real property, which was established as to each of the instant real property.
(hereinafter “instant sales contract”). B.
On June 14, 2018, the Plaintiff completed the registration of transfer of ownership based on the instant sales contract with respect to each of the instant real estate.
C. Meanwhile, on June 14, 2018, the registration of the establishment of a mortgage on each of the instant real estate based on the Plaintiff’s registration of the transfer of ownership was completed on June 14, 2018, and the registration of the establishment of a mortgage was revoked on June 22, 2018, the registration of the establishment of a mortgage over KRW 84 million was completed in the future of Defendant C.
After that, the maximum amount of debt of the establishment registration of a neighboring mortgage was changed to KRW 80,40,000.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that the instant sales contract was null and void as it was remarkably lost fairness since Defendant B sold 180,000,000 won or less than the market price at the time, even though the Plaintiff, who had no particular transaction experience due to the academic background of high school graduation, was in a rush state.
Even if it is not null and void, the sales contract of this case has the following grounds for cancellation:
① The Plaintiff, who had no particular funds, was aware that it is not necessary to contribute to the largest amount at the time of the instant sales contract, and entered into the instant sales contract with the Defendant.