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(영문) 수원지방법원여주지원 2019.01.09 2018가단51435
소유권이전등기
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On May 1, 2015, the Plaintiffs asserted that the Defendant’s transfer of ownership (hereinafter “the instant transfer of ownership”) completed on the instant real estate on May 1, 2015 was completed by the Defendant’s intimidation demanding a large amount of criminal agreement to release the Plaintiff B who was sentenced to a punishment due to the Defendant’s criminal complaint. As such, the Plaintiffs asserted that it was null and void due to a juristic act contrary to social order or an unfair juristic act.

The Defendant threatened the Deceased or the Plaintiffs on the sole basis of the evidence submitted.

It is insufficient to recognize the existence of a substantial imbalance between the market price of the instant real estate or the damages suffered by the Defendant by the Plaintiff’s illegal act. Since there is no other evidence to acknowledge this, it cannot be recognized that the registration of ownership transfer of the instant real estate was completed by an invalid juristic act, the Plaintiffs’ primary claim and the conjunctive claim premised thereon are without merit.

2. The plaintiffs' primary claim and conjunctive claim in this case are all dismissed as it is without merit. It is so decided as per Disposition.

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