(영문) 수원지방법원평택지원 2015.10.30 2014가단45589

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(영문) 수원지방법원평택지원 2015.10.30 2014가단45589

소유권이전등기말소

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1. The Defendant received, on February 12, 2014, the Suwon District Court’s Ansan registry office with respect to the area of 538 square meters in Ansan-si, the Plaintiff.

Reasons

1. Basic facts

A. As to the land of this case (hereinafter “instant land”), on September 30, 200, the registration of ownership transfer was completed under the name of the Plaintiff on the ground of “sale on September 25, 2000,” and on February 12, 2014, on the ground of “donation on February 10, 2014,” the registration of ownership transfer was completed under the name of the Defendant (hereinafter “instant registration of ownership transfer”).

B. On September 6, 2000, the Plaintiff completed the registration of ownership transfer on the ground of "trade on August 29, 2000" with respect to D Forest land of 231 square meters (hereinafter “instant D”) owned by the Defendant.

C. The Plaintiff and the Defendant are the relationship between Russia and Russia.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The gist of the parties’ assertion argues that the registration of transfer of ownership of this case should be cancelled as a cause invalidation, since the Plaintiff attempted to donate the instant land to the Defendant, and the registration of transfer of ownership of this case was made by mistake or the Defendant’s deception.

The defendant asserts that the plaintiff donated the land of this case to the defendant not by mistake or deception, but by genuine intention.

3. Determination

A. In a real estate sales contract, both parties considered a specific land as a subject-matter of the contract, but the contract was concluded by mistake as to the parcel number, etc. of the subject-matter of the contract, and indicated the subject-matter of the contract as land “A” as land.

Even if there are the agreement of both parties that the land shall be the object of sale and purchase, the above sale and purchase contract shall be deemed to have been established for the land A, and it shall not be deemed that the sale and purchase contract for the land B was concluded, and if the land B is based on the above sale and purchase contract, it shall be deemed to have been concluded for the land B

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