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(영문) 창원지방법원 2019.01.25 2018나51215
소유권이전등기
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning for this part of the judgment of the court is as stated in the corresponding part of the judgment of the court of first instance, except where the second and seventh "party history" in the judgment of the court of first instance is deemed as "parties". Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. A. The summary of the Plaintiff’s assertion that the provisional registration of this case is null and void, and the provisional registration of this case is null and void because it lacks grounds for registration in that there was no entry of the promise to sell and purchase this case, which is the grounds for registration, between the Plaintiff and the Defendant. Thus, the principal registration of this case based on the provisional registration of this case is null and void. (2) At the time of conclusion of the sales contract of this case, the Plaintiff was in the status of administrative capacity for dementia at the time of conclusion of the sales contract of this case, and the provisional registration of this case is null and void. (b) Since the sales contract of this case is null and void, the provisional registration of this case is the provisional registration of this case, and the provisional registration of this case is completed on the basis of the provisional registration of this case, and must undergo liquidation procedures under the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”).

However, since the defendant completed the principal registration of this case without undergoing the liquidation procedure, the principal registration of this case shall be null and void.

C. Although the Plaintiff intended not to affix his seal to a certified judicial scrivener who was in charge of the principal registration affairs of this case, the Plaintiff’s second his father, who was his father, was delivered to a certified judicial scrivener by cutting off his seal. This case’s registration is null and void since only an appearance regarding the act of transfer of ownership was created in absolute coercion state.

Even if it did not reach an absolute coercion, it is revoked by the service of the copy of the application for change of the cause of claim as of December 11, 2017, because the defendant and his brothers and sisters were forced to make a mistake or deception, and thus, the declaration of intention regarding the transfer of ownership is revoked.

(b) Chapter 1.

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