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(영문) 부산지방법원 2015.12.18 2015나42299
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On April 8, 2008, the Plaintiff supported her native C, which, with the indication of the Marina, C donated each of the instant real estate to the Plaintiff on the ground that she owned each of the instant real estate.

However, the defendant, who is the child of CD, filed a complaint on behalf of C with the purport that the plaintiff acquired money owned by C from each of the instant real estate and C.

During the investigation under the above complaint, the defendant and D found the plaintiff on September 13, 2013, and threatened the plaintiff with "hing to avoid any more bullying," or had the plaintiff withdraw or agree to do so, and had the plaintiff obtain a certificate of seal impression on behalf of the plaintiff, and had the plaintiff obtain a certificate of seal impression on behalf of the plaintiff, and had the plaintiff trade the real estate of this case to the certified judicial scrivener office on behalf of the plaintiff. The plaintiff forced the plaintiff to sign a sales contract to trade the real estate of this case to the defendant and affixed the plaintiff's certificate of seal impression arbitrarily.

The Plaintiff, while having experienced fear of punishment due to the Defendant’s accusation, had completed the registration of ownership transfer on each of the instant real estate by deception, due to the Defendant’s intimidation, and caused deception. This is a declaration of intention by fraud and duress, and thus, the Plaintiff revoked the declaration of intention and seeks the Defendant to implement the procedure for registration of ownership transfer cancellation in the name of the Defendant as to each of the instant real estate

B. The Plaintiff entered into a sales contract with the Defendant, setting forth that each of the instant real estate was traded for KRW 6.1 million, and that the land price as of January 1, 2013, which was officially announced as of January 1, 2013, is KRW 14,200, and the land category is the site. In light of the fact that each of the instant real estate was included in the building, the said sales contract is remarkably unbalanced between the benefits, and the Defendant entered into the said sales contract by filing a complaint with the Plaintiff, who is aged older, using the Plaintiff’s

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