beta
(영문) 서울고등법원 2020.05.07 2018나2061025

소유권이전등기말소등청구의소

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

The Plaintiff is the only heir of the deceased D (1932 students, death on February 5, 2017, hereinafter referred to as “the deceased”) who is the deceased, and E is the deceased of the deceased.

Defendant B is a person who was sentenced to punishment only at a meeting of the club around June 2016, and Defendant B is a wife of Defendant B.

The Plaintiff, as a result of the extinguishment with the Deceased on October 18, 1990, was living alone until now. E resided together with the Deceased at the time of his death, while managing the deceased’s property, etc...

On October 12, 2016, E and Defendant B prepared a sales contract stating that the deceased sold to Defendant C the real estate listed in the separate sheet, which is owned by the deceased (hereinafter “instant real estate”), in the purchase price of KRW 6.5 billion, and the down payment amount of KRW 300 million was received on the day, and the remainder payment date shall be set on June 30, 2017.

(2) A sales contract made in the name of the deceased and the defendant C with respect to the instant sales contract (hereinafter referred to as the “instant sales contract”). A sales contract made in the name of the deceased and the defendant C shall be entered in KRW 6.5 billion in the order of withdrawal to the court, and there are two contracts, the contents of which are somewhat different from those of the instant sales contract and the sales price of which are KRW 4.5 billion

(B) The Defendants completed the registration of ownership transfer on October 12, 2016 with respect to the instant real estate, accompanied by a No. 4 contract, on October 17, 2016.

(hereinafter “this case’s transfer registration”). 【The ground for recognition” did not exist, written evidence Nos. 1, 2, 4, 25, 69, 77, and evidence Nos. 3 (including each number; hereinafter the same shall apply), and the purport of the entire pleading, and the purport of the argument of the parties, surrounding the Plaintiff, the instant sales contract was conferred upon E’s right of representation concerning the sale of real estate from the Deceased.