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(영문) 서울서부지방법원 2016.01.12 2015가단204680
소유권말소등기
Text

1. The Plaintiff:

A. Defendant B is hereby supported by the District Court for the real estate listed in paragraph 1 of the attached list.

Reasons

1. Facts of recognition;

A. D, on September 4, 2007, died on February 11, 2010, and the Plaintiff is the sole heir of D (hereinafter “the deceased”).

B. On February 14, 2008, Defendant B entered into a sales contract with respect to the real estate listed in Paragraph 1 of the Attached List, which was owned by the Deceased (hereinafter “instant one real estate”), with the purchase price of KRW 140,000,000, and completed the registration of ownership transfer (hereinafter “instant one ownership transfer”).

C. On January 7, 2008, Defendant C entered into a sales contract with E on the real estate listed in attached Table No. 2 of the deceased’s list (hereinafter “instant two real estate”) with the purchase price of KRW 48 million, and completed the registration of ownership transfer (hereinafter “instant two ownership transfer”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including each number), Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff’s assertion, E sold the instant real estate 1 and 2 to the Defendants without his permission when the deceased was hospitalized due to a loss of food, so the sales contract for the instant real estate 1 and 2 (in sequence, “the instant sales contract” and “each of the instant sales contracts” collectively referred to as “each of the instant sales contracts”) is null and void as an act of unauthorized representation, and the registration of transfer of ownership 1 and 2 in this case is null and void, and thus, should be cancelled.

B. Defendant B’s assertion 1) At the time of the conclusion of the instant one sales contract, at the time of the signing of the instant one sales contract, the Plaintiff agreed to appoint the deceased’s mother, F, N, Dongin E, H, H, and Plaintiff’s legal representative as E, and accordingly, the instant one sales contract was concluded between E and E. Therefore, the instant one sales contract is valid.

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