소유권이전등기말소
1. Revocation of a judgment of the first instance;
The defendant shall apply to the plaintiff with respect to the real estate stated in the attached list.
1. In full view of the overall purport of the pleadings in the statements in Gap evidence No. 1, Eul evidence No. 2, and Eul evidence No. 2, it is recognized that the plaintiff entered into a contract with the defendant on September 30, 201 under the condition that the defendant bears the obligation to pay for the deposit money for lease on a deposit basis as to the real estate listed in the separate sheet (hereinafter "the real estate of this case"), and made a contract to donate the real estate of this case to the defendant (hereinafter "the gift contract of this case") on October 5, 201, and completed the ownership transfer registration of the real estate of this case (hereinafter "the ownership transfer registration of this case") on October 5, 201.
2. The assertion and judgment
A. The plaintiff asserts that the registration of transfer of ownership in this case under the gift contract in this case is null and void, since the plaintiff was in a state of business ability due to severe dementia at the time when the contract of this case was prepared.
In regard to this, the Defendant, from around 2005, declared that the Plaintiff would donate the instant real estate to the Defendant, concluded the instant donation contract by himself/herself with the capacity to express his/her intention and completed the registration of transfer of ownership.
B. (1) Determination means the mental ability or intelligence that can reasonably determine the meaning or result of one’s act based on normal perception and towing power, and the existence of a capacity to act must be determined individually in relation to specific juristic acts, and shall be determined at the time of such act.
(2) Examining the overall purport of the pleadings in light of the results of the first instance court’s appraisal of medical records D by the appraiser of the first instance trial, and the results of the first instance court’s inquiry into the head of the same-sex long-term care hospital, ① the Plaintiff was diagnosed with Albuses Dementia at around 2002 through 2003, and was hospitalized in the convalescent hospital several times, and ② the Plaintiff was hospitalized in the convalescent hospital from July 19, 2010.