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(영문) 의정부지방법원 2015.06.25 2014가단30865
소유권이전등기 말소등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership in the name of the Defendant was made on July 23, 2014 with respect to the real estate (hereinafter “instant real estate”) under the name of the District Court of the Republic of Korea (hereinafter “instant transfer”) on the ground of the gift dated 22, 2014 (hereinafter “instant donation”).

B. The plaintiff's spouse has a child born between the plaintiff's wife and the former wife, and the defendant is the plaintiff's assistance.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the registration of transfer of ownership of this case should be cancelled because it was completed without any legal cause, at the time of completing the registration of transfer of ownership of this case.

B. Determination on whether the Plaintiff was in a state of his/her office capacity at the time of the instant donation, and the result of the Plaintiff’s questioning is difficult to believe. According to the fact-finding on the Gap evidence Nos. 5 and 6, and the court’s fact-finding on the defendant evidence Nos. 5 and 6, the court’s fact-finding on the defendant evidence No. 80 years old at the time of the instant donation, the Plaintiff was diagnosed as suffering from dementia at the 80 years old at the time of the instant donation on August 5, 2014, and was hospitalized until November 21, 2014; the result of the examination on the Korean simplified mental condition (ME) at the time of the Plaintiff’s hospitalization at the above court; the overall reduction rate (GDS) was measured by five (5) stages; however, the court’s testimony and fact-finding on the witness evidence No. 242, 2014 at the time of the instant donation; the Defendant can be found as follows:

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