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(영문) 서울중앙지방법원 2019.06.26 2018가합560635

가등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the plaintiff's children.

B. On September 8, 2017, the Defendant agreed to sell each real estate listed in the separate sheet No. 1 to the Defendant for KRW 550 million, with respect to each real estate listed in the separate sheet No. 2, the Plaintiff promised to sell to the Defendant for KRW 7650 million with respect to each real estate listed in the separate sheet No. 2, and agreed to sell to the Defendant for KRW 450 million with respect to each real estate listed in the separate sheet No. 3. 3.

(hereinafter referred to as the above, each of the instant reservations entered into by the Plaintiff and the Defendant is “each of the instant reservations”).

On the ground of each of the instant reservations, the Defendant completed the registration of the provisional registration of the right to claim ownership transfer as Seoul Western District Court’s Seodaemun District Court’s receipt of September 8, 2017 as to each of the real estate listed in the separate sheet No. 32979, and the provisional registration of the right to claim ownership transfer as to each of the real estate listed in the separate sheet No. 37931, Sept. 8, 2017, and the provisional registration of the right to claim ownership transfer as to each of the real estate listed in the separate sheet No. 16362, Sept. 12, 2017, respectively.

(hereinafter the above provisional registration is referred to as "each provisional registration of this case"). [The grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 10, Eul evidence 1, 6 through 8, and the purport of the whole pleadings.

2. The Plaintiff’s assertion began from July 12, 2017 to show an island verification, and around August 2017, the symptoms worsen after being diagnosed by Albusets, and the Plaintiff did not have a normal intention or ability at the time of each of the instant sales reservations.

Each of the provisional registrations of this case is based on each of the trade reservations made in the state of absence of the Plaintiff’s mental capacity, and thus, should be cancelled as a cause invalidation.

3. Determination on the cause of the claim

A. Relevant legal capacity means the meaning or outcome of one’s act as a normal perception and towing power.