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(영문) 춘천지방법원 2017.12.20 2017가단3287

소유권이전등기말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased the instant land on October 10, 1978 and completed the registration of ownership transfer on November 3, 1978.

B. On February 26, 2014, the Hongcheon District Court of Chuncheon (hereinafter “instant registration of transfer of ownership”) had completed the registration of transfer of ownership in the Defendant’s name (hereinafter “instant registration of transfer of ownership”) on the ground of sale (hereinafter “the instant sale”) as of February 6, 2014, by the Hongcheon District Court of 4342, which was received on February 26, 2014.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff, upon the Plaintiff’s father’s request, decided to sell approximately 10 square meters of the land of this case as access roads, and delivered necessary documents after receiving KRW 3 million of the price for the land of this case. Although the Plaintiff did not have concluded a sales contract for the land of this case, the Plaintiff completed the registration of ownership transfer for the entire land of this case by deceiving the Plaintiff as if the Defendant used the documents received as above and completed the registration of ownership transfer for the entire land of this case. Thus, the registration of ownership transfer is an invalid registration which

In addition, even if there was an agreement between the Plaintiff’s wife E to sell and purchase the instant land at KRW 30 million, since the Plaintiff was made to prepare a sales contract that sells and purchase the land equivalent to KRW 120 million at the market price under the status of having a remote mental judgment, the sales contract for the instant land constitutes an anti-social legal act under Article 103 of the Civil Act or unfair legal act under Article 104 of the Civil Act, and thus, the sales contract for the instant land is null and void.

B. After purchasing 774 square meters, etc. from the Hongcheon-gun, Hongcheon-gun, Gangwon-do, Defendant newly built a detached house around 2010 with a written consent from the Plaintiff to use 30 square meters of the instant land as an access road, and the Plaintiff’s wife E requires the Plaintiff’s business fund.