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(영문) 부산지방법원 2020.03.17 2018가단305105
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a regional housing association established pursuant to the Housing Act in order to implement a regional housing association project on the lots of Busan Jin-gu and 485 lots.

B. On December 9, 2002, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares out of the real estate of 1/2 shares in Busan-gu, Busan-gu, Busan-do, Busan-do, and E completed the registration of ownership transfer with respect to the remaining 1/2 shares out of the above land on the same day.

C. On September 13, 2017, the Plaintiff sold the sales price of the Plaintiff’s share in the instant real estate to the Defendant as KRW 98,514,350, and on November 3, 2017, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s share to the Defendant on the date of completing the registration

(hereinafter referred to as the “instant sales contract”) D.

On the other hand, on September 25, 2017, E sold to the Defendant the purchase price of E shares out of the instant real estate as KRW 179,200,00, and on October 31, 2017, E completed the registration of ownership transfer for E shares to the Defendant.

E. The Defendant obtained the approval of a project plan on January 7, 2019.

[Reasons for Recognition] Facts without dispute, Gap 1, 5, 6 evidence, Eul 1 evidence (including branch numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At the time of the conclusion of the instant sales contract, the Plaintiff, including the head of the Defendant Partnership F and the owner of another neighboring land, including E sharing the instant real estate from G, believed that the Plaintiff entered into the instant sales contract at the same level as the sales amount received by the Plaintiff, and concluded the instant sales contract in response to the Defendant’s purchase consultation. The Defendant purchased the Plaintiff’s share from the Plaintiff at a price significantly lower than the other owners, and the Plaintiff’s sale price does not reach the appraised value.

Therefore, the plaintiff is based on the defendant's mistake in motive caused by calculation of the sales price of this case or the defendant's deception.

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