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red_flag_2(영문) 창원지방법원 2020. 6. 18.자 2019브10038 결정

[성년후견인 변경][미간행]

Appellant, appellant

Appellant (Law Firm Lee & Lee, Attorneys Han-soo et al., Counsel for plaintiff-appellant)

Intervenor, respondent, or appellant

Intervenor (Law Firm Doo, Attorney Park So-young, Counsel for the intervenor-appellant)

Principal of the case

Principal of the case

The first instance decision

Changwon District Court Decision 2017Ra1005 Decided May 10, 2019

Text

1. The adjudication of the first instance shall be modified as follows:

(a) The adult guardian of the principal in the case shall be changed from the intervenor to the Korean adult guardianship support center (corporate registration number: 114621-042900, principal office: 651, 222 stories (Dong Dong-dong, a certified judicial scrivener center), and 00 directors: ○○);

(b) Matters concerning the scope of the juristic act of the principal of the case which cannot be cancelled, the scope of the legal representation right of the adult guardian, and the scope of the authority which the adult guardian may decide on the personal affairs of the principal of the case shall be listed in

(c) An adult guardian shall prepare and submit to this court a list of property (a list of property that shall be accompanied by the results of inquiry into financial transaction and inquiry by the heir, or by the heir, of the first instance-to-door service of the guardian) as of the date this adjudication becomes final and conclusive, within two months from the date this

(d) An adult guardian shall prepare a report on guardianship affairs (base date: the same month as the day the adjudication is finalized every year) every year beginning one year after the day this adjudication becomes final and conclusive, and submit it to this court;

2. The total expenses of an adjudication shall be borne individually by each person;

The adjudication in the first instance shall be revoked. An adult guardian of the principal of the case shall be replaced by the intervenor from the intervenor to the appellant.

Reasons

1. Replacement of an adult guardian;

In light of the following circumstances revealed through the records and examination of this case, i.e., the conflict between the claimant and the intervenor's family members surrounding the property in the name of the principal of this case after the occurrence of cerebral blood from the patient of this case, and the plaintiff's objection to the exercise of the intervenor's powers appointed as the guardian of the principal of this case, etc., if the dispute continues in the future, it would eventually cause damage or danger to the principal of this case's personal affairs and property, and the extent of mutual criticism and correspondence between the claimant and the intervenor, and the contents and progress of the conflict between the plaintiff and the intervenor's family members, it seems that if one of the intervenors is appointed as a guardian, the conflict will further deepen the direction and method of performing the guardianship affairs. The claimant does not clearly oppose the opinion that the plaintiff would appoint a third party as a guardian even if it is not the claimant in the trial, and there is a possibility that the lawsuit related to the property management of the principal of this case will occur in the future, and there is a possibility of changing the petitioner's adult guardianship in the status of this case.

2. Conclusion

If so, it shall be determined as above with regard to a request for replacement of the claimant's adult guardian, and the judgment of the court of first instance is unfair in conclusion, so the judgment of the court of first instance shall be modified as above, and it shall be decided as per Disposition.

(attached Form omitted)

Judges Cho Jin (Presiding Judge) Cho Young-hee