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(영문) 서울동부지방법원 2015.02.13 2014나21801
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C was the owner of the real estate indicated in the separate sheet. On August 21, 2012, the Defendant entered into a sales contract with C’s agent for KRW 390,000,000 with respect to the real estate stated in the separate sheet (a sales contract was entered into in C’s name, not I), and completed the registration of ownership transfer stated in the purport of the claim on August 23, 2012.

B. C died on September 11, 2012, and there were D and E, the wife and the wife as the inheritor.

[Based on the recognition] Evidence No. 1-1, No. 2, Evidence No. 2, Evidence No. 3-1, 2, 3, 10, 11, 12, Evidence No. 1-5, Evidence No. 3-1, 2, Evidence No. 5-1, 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The allegation 1 of unfair conduct C is an act of breach of trust in which the seller knew that the seller was hospitalized in the Hospice Hospital on January 201 and around January 29, 2011, and that the seller was hospitalized in the Seoul National University Hospital on July 29, 2012 and transferred to the G Hospital, which is a specialized hospital for hospice care on August 13, 2012. I (C’s birth-friendliness) sold real estate in attached Form 80,000 won or less than the market price on behalf of the seller who was admitted to the G Hospital (the back of the Defendant’s wife), on behalf of the seller who was admitted to the G Hospital, sold the real estate at the seller’s expense of KRW 20,000,000 to the seller, and this is an act of breach of trust in which the seller knew that the seller was admitted to the Hospice Hospital, and that the seller acquired the real estate at the sale price of the real estate at the seller’s 2nd price or 2nd price.

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