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(영문) 대구지방법원의성지원 2016.10.26 2015가단948
소유권이전등기
Text

1. 74,400,000 won shall be paid to the Plaintiff simultaneously with the payment to the Plaintiff.

A. Defendant B is listed in [Attachment 1 and 2].

Reasons

1. Defendant C 135,00,000 won on real estate as stated in paragraph 3 of the attached Form C 120,000 won on the part of Defendant B’s agent for real estate indicated in paragraphs 1 and 2 of the attached Table Nos. 1 of the purchase price of the contract, which is the title holder of the object of recognition;

A. On March 30, 2015, the Plaintiff entered into a contract with Defendant C to purchase KRW 255,000,000 for the following real estate listed in the separate sheet (hereinafter “instant contract”). The Plaintiff paid KRW 10,000,000 for the down payment on the same day, and KRW 20,000 for the intermediate payment on April 10, 2015, respectively.

B. The Defendants occupy the real estate stated in the attached list No. 2.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5 (including each number, hereinafter the same shall apply), Eul evidence Nos. 3, witness D's testimony, defendant C's result of the examination of the principal, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendants are obligated to perform the procedures for the registration of ownership transfer of the real estate listed in the separate sheet to the Plaintiff according to the instant sales contract and to deliver the real estate listed in the separate sheet No. 2

B. The Defendants asserted 1 unfair legal acts as to the Defendants’ assertion asserted that the instant sales contract was concluded unfairly due to Defendant C’s rashness and inexperience, and thus, is null and void pursuant to Article 104 of the Civil Act.

The unfair legal act stipulated in Article 104 of the Civil Act is established when there exists an objective imbalance between benefit and benefit in return, and such an act is established when a transaction which has lost balance is made based on the flag, rashness, or inexperience of the victimized party. The purpose of the act is to regulate brush, rash, or influence of a person who is in the socially weak position, and the act of brush, rash, and experience, which are all requirements for establishing the unfair legal act, should be satisfied.

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