A. On June 30, 1965, the Plaintiff completed registration of preservation of ownership on each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. On March 14, 2017, the Defendant, who is the Plaintiff, filed for the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) with the Changwon District Court on March 16, 2017, on the ground of the gift (hereinafter “the instant gift agreement”) with respect to each of the instant real estate as the receipt on March 16, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) concluded the instant donation contract under the circumstance of the capacity to conduct a normal perception and reasonable judgment due to dementia, etc., and since the said donation contract is null and void, the registration of ownership transfer in this case is also null and void, and the Defendant must implement the registration procedure for cancellation of ownership transfer registration to the Plaintiff. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff had the mental ability, such as having appeared in the certified judicial scrivener office at the time of donation in this case and having interview with the certified judicial scrivener and having received the certificate

B. Determination is based on the meaning or result of one’s act, which refers to the mental ability or intelligence that can reasonably be determined based on normal perception and towing ability, and whether a person has a capacity to act should be determined individually in relation to a specific juristic act. Therefore, in particular, in order to recognize a capacity to act in cases where a certain juristic act is given with a special legal meaning or efficacy that makes it difficult to understand only the ordinary meaning, in addition to the ordinary meaning of the act in question, to recognize a capacity to act.