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(영문) 서울중앙지방법원 2020.05.13 2019나80727
소유권말소등기
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased deceased on June 13, 2017 (hereinafter “the deceased”), and Defendant C and G are senior citizens, and Defendant D and E are children of Defendant C.

B. On October 20, 2016, the Deceased sold the instant real estate in KRW 115,00,000 to the Defendants (hereinafter “instant sales contract”). On November 4, 2016, the Defendants sold 3/10 shares of the instant real estate in the name of Defendant C, and 4/10 shares in the name of Defendant D, and 3/10 shares in the name of Defendant E, respectively.

C. Meanwhile, around January 5, 2017, KRW 93,236,000 was transferred to the urban planning authority around around 2016 to the 572m2 of the forest land owned by the deceased (hereinafter “the forest of this case”).

After that, on January 5, 2017, the Daegu District Court received the registration office of Ycheon-gun on January 11, 2017, and completed the registration of transfer of ownership in the name of Yecheon-gun on the ground of the acquisition through consultation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 12 through 14, and the purport of the whole pleadings

2. The plaintiffs' assertion is invalid for the following reasons. Thus, the defendants are obligated to implement the procedure for the cancellation of registration of the transfer of ownership in the name of the defendants, which was completed on the real estate of this case.

The instant sales contract claiming an unfair legal act is null and void as it constitutes a juristic act of which the G did not have a good health condition at the time when the G had a relationship with the deceased, but did not have a cash to pay hospital expenses, and having a much higher price than the market price of the instant real estate sold to G, a relative of G, to the Defendants.

B. The instant sales contract for the assertion of fraud is hiding the fact that G and the Defendants were scheduled to pay compensation to the Deceased.

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