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(영문) 전주지방법원군산지원 2017.08.08 2015가단56999

소유권말소등기

Text

1. The Defendant’s receipt on May 4, 201 with respect to the real estate stated in the separate sheet to the Plaintiffs by the Jeonju District Court:

Reasons

Basic Facts

The plaintiffs and her husband D are children of the deceased E (hereinafter referred to as "the deceased").

The Deceased owned the real estate listed in the attached list (hereinafter “instant real estate”).

On November 10, 2009, the Deceased was used in brain fluorial color.

With respect to the instant real estate, on May 19, 2010, the provisional registration of the right to claim the transfer of ownership was made based on the promise to trade the same date under the name of the Defendant.

After that, on May 4, 2011, the provisional registration of the right to claim ownership transfer was cancelled on the instant real estate under the Defendant’s name, and on the same day, the registration of ownership transfer was made on the ground of a gift made on May 2, 201 under the Defendant’s name.

On August 11, 2011, the Deceased was able to take care of a member of the G mental department in the F of the Hasan-si, and was diagnosed as a severe dementia at the time of internalization, and then prescribed the drugs related to dementia.

The Deceased was unable to have the knowledge and ability to conduct basic transactions for daily life at the time of the above medical treatment.

Around the time when the registration of ownership transfer was made in the name of the Defendant with respect to the instant real estate, the Deceased was hospitalized in the Ivalescent Hospital in the Hasan-si H.

On May 2, 201, J, who was employed as a certified judicial scrivener, visited the Ivalescent Hospital to verify whether the deceased wishes to donate the instant real estate to the defendant.

At the time J had the purport to the effect that the deceased’s donation of the instant real estate to the Defendant, and the deceased was duplicated.

At the time, the Deceased was unable to speak.

The J did not go through the verification process, such as asking other questions to the Deceased to verify whether the Deceased is capable of communicating.

J shall prepare a gift contract under the name of the deceased and complete the registration of transfer of ownership in the name of the defendant with respect to the real estate of this case.

As a result of the court’s entrustment of physical examination to the Jeonbuk University Hospital, the deceased’s mental condition at the time of May 2, 201.