(영문) 울산지방법원 2018.10.16 2017가단58450

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(영문) 울산지방법원 2018.10.16 2017가단58450

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was the owner who completed the registration of ownership preservation on August 25, 1980 with respect to shares of 1/3 of the real estate stated in the purport of the claim (hereinafter “instant real estate”). On August 27, 2015, the Plaintiff sold to Defendant B and C each of the instant real estate in total of KRW 1.42,80 million to each of the Defendant B and C, and the registration of ownership transfer was completed for the said Defendants’ future transactions.

B. Since September 8, 2015, Defendant B and C purchased the said real estate from the Plaintiff on October 15, 2015, Defendant B and C sold the said real estate in installments to the remainder of the Defendants in an aggregate of KRW 487.9 million for each share stated in the claim, and each ownership transfer registration has been completed again for the remainder of the Defendants.

Evidence: Evidence A 1 to 11 (including paper numbers)

2. The plaintiff's assertion

A. Defendant B and C, as of 81 years of age at the time of 2015 (1934 birth), deposited the Plaintiff’s satisfy with a specific advance after the market price, and then sold the said real estate owned by the Plaintiff with a value equivalent to KRW 500 million at the time of sale to KRW 142,80,000,000 at the time of sale. Defendant B and C sold the said real estate to 11 remaining Defendants within two months after the purchase by the Plaintiff.

B. Since the above real estate transaction between the Plaintiff, Defendant B, and C is null and void as it is a juristic act that has considerably lost fairness using the Plaintiff’s old-age, rashness, or inexperience, the registration of ownership transfer in the future of Defendant B, and C is a registration without any legal cause. Furthermore, since the registration of ownership transfer in the future of Defendant B, and C is null and void, the registration of ownership transfer in the future of the remaining Defendants, which were transferred from Defendant B, and C, are also

3. Determination and conclusion conclusion conclusion-based, and written evidence Nos. 1 to 11 are alone.

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