채권양도 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation as to this case is that the party asserting the invalidity of a juristic act on the ground of his/her legal capacity bears the burden of proof regarding the case (see Supreme Court Decision 2009Da53093, Mar. 13, 2014; 2009Da53109 (Counterclaim)). In addition to the descriptions in the evidence No. 17 through 20 evidence No. 17 and No. 20, the court did not have the ability to identify the intention of the will of this case to understand the intention of the deceased A at the time of preparing the No. notarial deed of this case.
The reasoning of the judgment of the court of first instance is as follows: (a) it is insufficient to recognize that the Plaintiff constitutes a disqualified witness under Article 1072(2) of the Civil Act and the former Notary Public Act; and (b) it is also identical to the reasoning of the judgment of the court of first instance, except for addition of the statement that there is no evidence to support the same. Therefore,
2. In conclusion, the plaintiff's claim of this case against the defendants is accepted on the grounds of its reasoning. Since the part concerning the defendants in the judgment of the court of first instance is just in conclusion, the defendants' appeal is dismissed on the grounds of its reasoning, and it is so decided as per Disposition.