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1. Revocation of a judgment of the first instance;
2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
3. Due to the principal claim.
Reasons
1. Basic facts
A. Plaintiff A is F’s wife, and Plaintiff B and C are married between Plaintiff A and F.
B. On February 21, 2011, the F was transferred from G Hospital to the emergency room of the Gelim mother Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and was hospitalized in the centralized Care Center (Serious Patients) at around 18:35 on the same day, and died on March 1, 2011.
(hereinafter referred to as “F”) c.
피고는 망인의 형(兄)으로 망인 소유의 아산시 E 대 1,119㎡(이하 ‘이 사건 토지’라고 한다)에 관하여 대전지방법원 천안지원 아산등기소 2011. 2. 23. 접수 제8934호로 같은 날 매매를 원인으로 한 소유권이전등기를 마쳤다
(hereinafter “this case’s transfer registration”). 【No dispute exists; Gap evidence Nos. 1-1 through 4, Gap evidence Nos. 2 and 3, Gap evidence Nos. 4-1, 2-2, Gap evidence Nos. 5-1, 2, 3, Gap evidence Nos. 6, 7, and 8; the results of the inquiry into the fact-finding with respect to the head of the relative forest culture hospital of the first instance; the purport of the entire pleadings;
2. The parties' assertion
A. The grounds for the registration of the transfer of ownership in this case was "the sales contract dated February 23, 201", and the deceased was in the condition that he could not make a normal declaration of intent due to the hospitalization in the Gelima Hospital at the time of February 23, 2011. Therefore, the registration of the transfer of ownership in this case is the registration of the invalidity of the cause that was made without the sales contract with the deceased.
The defendant is obligated to implement the procedure for cancellation registration of transfer of ownership of this case to the plaintiffs, who are the land owners of this case by F's heir.
B. The Defendant Deceased laid the instant land as a relic before being hospitalized in the hospital, and the Defendant transferred the deceased’s intention to sell it to himself.
The deceased agreed and agreed to the purchase price of the land of this case shall be KRW 130 million, and the registration of ownership transfer shall be completed first, and the defendant paid the remainder to the deceased after paying the loan debt of the deceased and paying the hospital expenses.
However, a sales contract shall be made in the transaction between shapes.