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(영문) 서울고등법원 2020.09.10 2019나2022409

소유권말소등기

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1. The plaintiffs' appeal and the preliminary claims added by this court to defendant F are all dismissed.

2...

Reasons

The grounds for appeal by the plaintiffs as to the primary claim of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted by the plaintiffs in this court is added, the fact-finding and the judgment of the court of first instance can

Therefore, the reasoning of the judgment of this court is as follows: (a) 13th 13th 13th 13th 13th 2 of the judgment of the court of first instance (No. 26th 26th 2th 2th 3th 14th 2th 2th 3th 24th 2th 3th 14th 14th 2th 2th 2th 3th 14th 2th 2th 14th 2th 10th 2th 3th 200 of the judgment of the court of first instance, except where the plaintiffs added or emphasized the judgment on the conjunctive claim added to Defendant F by this court, and

With respect to the assertion on the deceased’s ability to perform his primary duties and the invalidity of the power of attorney of this case, the plaintiffs asserted that the power of attorney of this case made between the deceased and the plaintiff B around August 7, 2017 is invalid as it was prepared by the deceased in the state of his/her capacity to perform his/her duties at the time, and that “the deceased’s memory and kynam power, etc. are presumed to be damaged at a considerable level, and the deceased’s ability to perform his/her own decision and conduct his/her duties, etc. are deemed to be continuously needed for another person’s assistance.” As such, the plaintiffs cited the Statement of the National Health Center of June 4, 2018 (A

However, as a result of the appraisal that the plaintiffs filed with the Seoul Family Court for the commencement of adult guardianship for the deceased after the deceased prepared and authenticated the power of attorney in this case, the above expert testimony was not determined by the medical specialist directly after the deceased, but merely applied for the commencement of adult guardianship based on the past medical records and even the medical records after the completion of power of attorney.