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(영문) 서울고등법원 2019.09.19 2019나2025613

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is that "this court" was "the court of first instance" in the 5th of the judgment of the court of first instance, and each " appraiser" in the 2nd of the 7th surface and the 9th of the 9th of the 7th surface are "the appraiser of the first instance", and "the 3-B part" and "the 4-B"

A. 2)(b)(b)(b)(b)(b)(b)(b) is as indicated in the judgment of the court of first instance, except in the following cases:

[Supplementary part] Article 3-2 (b)

B. Whether the testamentary gift of this case was made in the state of work capacity or not refers to the mental ability or intelligence that can reasonably determine the meaning or result of his act based on normal perception and towing ability. Whether the testamentary gift of this case has mental capacity or not should be determined individually in relation to specific legal acts (see, e.g., Supreme Court Decisions 2001Da10113, Oct. 11, 2002; 2006Da29358, Sept. 22, 2006). Considering the above legal principles, the doctor capacity required for the will of this case refers to mental ability of the testator to understand the content of the will and the effect of the notarial deed, including the ability of the testator to understand, and 10,11, 13, 239, 40, and 14 evidence No. 2, and evidence No. 14, respectively, that the deceased did not have any mental capacity to be diagnosed at the time of being diagnosed by the hospital and the 15th diagnosis.