소유권이전등기말소
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance, and thus, it refers to the grounds for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The plaintiff's main claim 1) although the plaintiff did not intend to donate real estate listed in the attached list to the defendant, the plaintiff concluded a donation contract with the defendant and E using the plaintiff's dementia symptoms and completed the registration of this case, the plaintiff's main claim is registration of invalidity of the cause.
Preliminaryly, the Plaintiff was given a burden to preserve and manage its own property, and was donated to the Defendant, but the Defendant did not perform his/her obligation to dispose of the property without the Plaintiff’s permission, such as providing the real estate listed in the separate sheet as collateral, and thus, the instant gift contract is rescinded upon delivery of the preparatory document dated May 28, 2018.
B) The Plaintiff only intended to donate the real estate listed in the separate sheet to ASEAN and did not intend to donate it to the Defendant. However, even if the Plaintiff intended to transfer the instant gift contract to the Defendant by delivery of the instant statement of grounds of appeal due to mistake in the identity of the person or mistake in the name and seal, the Plaintiff merely transferred the ownership for the purpose of keeping the real estate stated in the separate sheet.
The registration of transfer of ownership due to the above title trust is against the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus becomes invalid.
2) Even if the title trust, such as the first preliminary claim household affairs, is valid, the Plaintiff terminates the above title trust agreement with the delivery of the statement of grounds of appeal and seeks the registration of ownership transfer of the real estate stated in the separate sheet. 3) The Defendant’s second preliminary claim.