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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 9, 2018, the Plaintiff asserted that the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell KRW 403,00,000 (hereinafter “each of the instant real estates”) for each of the real estates listed in the list of [Attachment] (hereinafter “each of the instant real estates”) to the Defendant. The Plaintiff received KRW 250,000,000 from the Defendant and completed the registration of ownership transfer (hereinafter “each of the instant real estates”) on March 23, 2018 with respect to each of the instant real estates as the receipt of KRW 5652 from the Southern District Court of Jeonju on March 23, 2018.
However, around September 2015, the Plaintiff got out of the real estate indicated in paragraph (3) of the attached Table (attached Form) that he saw with C to escape from C, due to the assault and direction that he/she had from C, who is her husband, and due to this, there was a poor situation in which the economic difficulty has deepened at the time of the conclusion of the instant sales contract, and even if it was somewhat damaged, it was inevitable to dispose of each of the instant real estate.
However, a licensed real estate agent D and the Defendant, the buyer of the instant sales contract, using the following circumstances of the Plaintiff’s poor condition, caused the Plaintiff to sell the instant real estate at salt prices, with a total of KRW 800,000,000 at the time of the conclusion of the instant sales contract, and the aggregate of the publicly announced prices reaches KRW 431,219,50,000.
Since the contract of this case has a significant imbalance between payment and consideration, and the defendant or D used the plaintiff's old condition as a result, it is null and void as an unfair legal act under Article 104 of the Civil Code.
Therefore, the defendant should implement the procedure for cancellation registration of each transfer of ownership in this case to the plaintiff.
2. The unfair legal act under Article 104 of the Civil Act is in the status of the injured party’s infinite, rash or infinite, and the other party’s knowledge of the circumstances of the injured party.