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(영문) 대전지방법원 2016.10.14 2016나996
소유권이전등기절차이행
Text

1. The plaintiff's appeal against the defendant is dismissed.

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

purport, purport, and.

Reasons

1. The court's explanation of this case is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except where the court of first instance has accepted the judgment as follows. Thus, the court's explanation of this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary parts] Nos. 1 and 2 are as follows.

The first sale contract of this case is null and void, since the defendant is a intellectual disabled person with mental division disease and is a person with mental disability. Preliminaryly, even if the defendant does not fall under a person without mental capacity, the defendant entered into the first sale contract of this case at a price lower than the market price of each land in the mental health sanatorium from 1983 without any social experience in the real estate sales contract. Thus, the first sale contract of this case is null and void because the contract of this case constitutes an unfair juristic act with mental disorder which significantly lost balance by using the defendant's portrait, rashness or experience."

Part 5 provides that "the invalidation" of Part 13 is null and void, and contrary to Gap evidence 29-1 shall not be admitted as evidence because there is no evidence to prove the authenticity of the petition, and the testimony of Gap evidence 28, 30 and the witnessO of the first instance trial alone is insufficient to reverse the judgment, and there is no other counter-proof."

Part 6, paragraph 20, the following shall be added:

(3) Adembling, rashing, and inexperienceing experience, which are the requirements for establishing an unfair legal act, are not all required, but only a part of them are sufficient. "Greshing" refers to "brut difficulties", which may be based on economic causes, and may be based on mental or psychological causes, and "unexperienced experience" refers to general life experience.

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