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1. The Defendants trade 2/11 shares of each real estate listed in the separate sheet to the Plaintiff as of August 20, 2004.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by F. The F died on July 28, 2013, and at that time, the deceased was the heir of the deceased, and there was the Defendants, the wife and the children.
B. On August 20, 2004, the Plaintiff and F made a sales contract to the effect that each of the instant real estate is sold to the Plaintiff in KRW 292,525,000 (hereinafter “instant sales contract”) and on September 2, 2004, a notary public obtained the authentication of a deed signed by a private person from a law firm’s general law office with the rank of 1686, 2004.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 to 16, Gap evidence 3, Eul evidence 1 and 2
2. Determination
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendants are obligated to implement the registration procedure for transfer of ownership on each of the instant real estate 2/11 shares, which are inheritance shares of the Defendants, in accordance with the sales contract of this case, to the Plaintiff on August 20, 2004.
B. (1) The summary of the Defendants’ assertion is that the instant sales contract was prepared by the Plaintiff at will, and there was no fact that the sales contract was concluded between the Plaintiff and the F.
Even if F entered into the sales contract of this case, the sales contract of this case is null and void for the following reasons:
(1) At the time F is a person under no will.
② The expression of the F’s intent in the instant sales contract is invalid in accordance with the proviso to Article 107(1) of the Civil Act, because the Plaintiff knew or could have known of the intention as a false indication.
③ The instant sales contract is null and void pursuant to Article 108(1) of the Civil Act as a false declaration of agreement between the Plaintiff and the Deceased.
④ The instant sales contract constitutes an unfair legal act concluded with the deceased who suffered from dementia by using the scambling, rashness, etc., and thus null and void pursuant to Article 104 of the Civil Act.
(2) Each case submitted by the Defendants.