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(영문) 서울중앙지방법원 2021.01.19 2018가합556308
소유권말소등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 4, 2014, the networkF of the conclusion of the sales contract (hereinafter “the Deceased”) entered into a sales contract with the Defendant to sell the instant land share in KRW 4.65 million (hereinafter “the instant sales contract”). On September 12, 2019, the Defendant entered into the registration of transfer of ownership of the instant land share (hereinafter “registration of transfer of ownership”).

B. On February 15, 2016, the deceased’s death and inheritance-related deceased were hospitalized due to Albuses-type dementia, and died on February 15, 2016, and the Plaintiffs, a deceased’s child, jointly inherited the deceased’s property.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, and 14 (which include a number with a branch number)

Each entry and the purport of the whole pleadings; hereinafter the same shall apply)

2. The assertion and judgment

A. 1) The allegation that the sales contract of this case is null and void as it was concluded by the deceased with no mental capacity due to dementia, etc. at the time, and the registration of transfer of ownership of this case based on null and void legal act is null and void. Thus, the defendant is liable to implement the registration procedure for cancellation of the previous transfer of ownership to the plaintiffs who inherited the deceased's property.

2) The deceased asserted the cancellation of the instant sales contract had entered into the instant sales contract by G’s fraudulent act. In light of the fact that at the time, the representative director of the Defendant could easily have known that the deceased suffered from dementia, etc. as a long-term neighbor of the deceased, and that the purchase price of the instant case cannot be deemed as a normal sales because the purchase price exceeds 62% of the price of individual publication, the Defendant knew or could have known that the deceased would enter into the instant sales contract by G’s fraudulent act.

Therefore, the plaintiffs, which are the inheritance of the deceased, shall revoke the deceased's declaration of intention on the conclusion of the contract of this case in accordance with Article 110 (1) of the Civil Code.

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