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(영문) 서울동부지방법원 2017.06.07 2016가단123229
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Registration of transfer of ownership;

A. Each real estate listed in the separate sheet was owned by the Plaintiff from her husband D on March 30, 2010. On January 7, 2015, the registration of ownership transfer was completed to the Defendant under the receipt system of the Seoul Northern District Court Northern District Court (1203) on the same day.

B. On January 4, 2016, E, E, the Plaintiff, filed an application with the Seoul Family Court for the commencement of adult guardianship 2016 - 5006, and received a decision to appoint a temporary guardian on February 19, 2016, and filed the instant lawsuit in the status of the Plaintiff’s temporary guardian.

C. On December 15, 2016, the Seoul Family Court rendered a decision to commence adult guardianship for the Plaintiff and appointed a social welfare foundation B as the Plaintiff’s adult guardian.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9, 10 evidence, Eul evidence 18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s above sale is null and void after the Plaintiff entered into a contract with no capacity.

The defendant's acquisition of property by approaching the plaintiff suffering from dementia and mental disorders shall be null and void by Article 103 of the Civil Code as a juristic act against social norms.

In light of the circumstances at the time of the instant sale and purchase, such as taking real estate over the amount far below the market price by taking advantage of the Plaintiff’s dementia condition, bringing about the payment limit, or failing to deposit the lease deposit, the said sale and purchase should be revoked as a juristic act causing an error in the important part of a juristic act or juristic act by fraud.

Since the Defendant did not pay the purchase price at all, the Defendant cancelled the sale and claimed restitution.

B. At the time of the above sale by the Defendant, the Plaintiff had a normal mental capacity and had no mental capacity.

At the time, the defendant purchased each of the above real estate in KRW 285 million without selling it in KRW 300 million.

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