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(영문) 수원지방법원 2019.06.12 2018나87804
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the conclusion of the judgment of the court of first instance regarding this case are as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the Defendants in the trial of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(No separate document shall be attached to the judgment of the court of first instance, deeming that the attached document of the judgment of the court of first instance was cited);

A. The Defendants’ gist of the Defendants’ assertion concluded a first and second sales contract with the misunderstanding that the land would be created as a whole house. Such mistake by the Defendants constitutes an error in the motive induced by the Plaintiff, which constitutes an error in the important part of the contents of the legal act, and thus, can be revoked in accordance with Article 109 of the Civil Act.

The Defendants revoked the first and second sales contract as the delivery of the briefs dated April 25, 2019. As such, the Defendants did not have an obligation to implement the registration procedure for ownership transfer of each real estate listed in the separate sheet to the Plaintiff.

B. According to the Defendants’ assertion, the contents of the mistake alleged by the Defendants are merely a mistake in motive. However, the evidence submitted by the Defendants alone is insufficient to recognize that the aforementioned motive was indicated in the Plaintiff, and that the motive of the Defendants was caused by the Plaintiff, or that there was no other evidence to acknowledge that there was no error in motive by the Defendants.

Therefore, this part of the defendants' assertion is without merit.

3. Accordingly, the Plaintiff’s claim against the Defendants should be accepted in entirety.

The judgment of the court of first instance is justified in its conclusion, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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