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(영문) 수원지방법원 2016.04.22 2015가합69542
소유권이전등기
Text

1. The defendant is based on the sale on October 26, 200 with respect to 1,646§³ in Suwon-si, the plaintiff.

Reasons

1. On October 26, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase the amount of KRW 1646 square meters (hereinafter “instant real estate”) at KRW 50 million (hereinafter “instant sales contract”) as to the cause of the claim, and the Defendant paid KRW 50 million to the Defendant, barring special circumstances, barring any dispute between the parties, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the instant real estate.

2. Judgment on the defendant's assertion

A. As to this, the Defendant asserts that the Plaintiff purchased the instant real estate from the Defendant in the amount of KRW 50 million, but the sale price of the land adjacent to the said real estate differs not less than three times the above price, and thus, the instant sales contract is null and void as an unfair transaction using the Defendant’s old-path, rash, and experience.

Unfair legal acts stipulated in Article 104 of the Civil Act are established when there exists an objective imbalance between benefit and benefit in return, and a transaction which has lost balance as a subjectively, is formed using boom, rashness, or inexperience of the victimized party. The purpose is to regulate brush, rash, orless experience of a person who is in the disadvantaged position.

However, there is a significant imbalance between the payment and the consideration as the sales price does not significantly exceed the market price of the neighboring land at the time of the instant sales contract.

Since there is no evidence to acknowledge that the Plaintiff entered into the instant sales contract by taking advantage of the Defendant’s poor condition, the above assertion by the Defendant is without merit.

B. In addition, the Defendant continued to pay the property tax of the instant real estate even after the conclusion of the instant sales contract, so the Plaintiff is liable for the property tax paid by the Defendant.

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