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(영문) 서울중앙지방법원 2020.11.18 2020나17701

소유권말소등기

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The judgment of the first instance shall be revoked.

The defendant shall apply to the plaintiff with respect to the real estate listed in the attached list.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is as follows.

The third part of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except that the phrase “the death on August 14, 2014” is deemed to be “the death on August 6, 2014,” thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. In the Plaintiff’s assertion, the Plaintiff’s primary assertion made it difficult for the Plaintiff to repay his/her obligation, and the Plaintiff’s transfer of the registration name to the Defendant, which is likely to enforce compulsory execution on the instant real estate, and the Defendant, who is well aware of such circumstances, and the instant sales contract was

Therefore, the registration of this case is null and void as it was completed according to the title trust agreement between the plaintiff and the defendant, or is null and void as it was concluded on the ground of a sales contract between the plaintiff and the defendant who constitutes a false conspiracy mark

Preliminaryly, if a sales contract as stated in the instant sales contract is concluded with respect to the instant real estate, the Defendant did not perform the obligation to pay any balance under the sales contract, and even expressed his intention that he did not intend to perform it any longer during the proceeding of the instant lawsuit, the Plaintiff may rescind the instant sales contract.

Accordingly, since the Plaintiff expressed his intent to cancel the sales contract through the preparatory documents dated April 7, 2020, the instant sales contract was rescinded.

Therefore, the Defendant is obligated to complete the registration of transfer of ownership on the instant real estate by reason of cancellation of a sales contract.

B. Unlike the content of the instant sales contract, the Plaintiff and the Defendant agreed to purchase the instant real estate in KRW 5,00,000,000, and the Defendant paid KRW 5,000 to the Plaintiff and completed the registration of ownership transfer on the instant real estate, which is valid.

3. The primary claim; and