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1. The Defendants shall pay to the Plaintiff each corresponding share out of the respective real estate listed in the separate sheet No. 2.
Reasons
Basic Facts
Defendant B is the spouse of the deceased A (hereinafter referred to as “the deceased”), and the rest of the Defendants and the Plaintiff are the children of the deceased.
On February 22, 2018, the Deceased donated each real estate listed in the separate sheet No. 2, his own possession, to the Plaintiff.
(hereinafter “instant donation”). The Deceased died on February 25, 2018.
[Ground of recognition] Defendant B and F: deemed that there is no dispute over the remaining Defendants: Gap 1 through 5 (including the number of pages; hereinafter the same shall apply), Gap 8 (in addition to the purport of the entire argument as to the fact inquiry of the certified judicial scrivener G of this court, it is recognized that the following stamp image of the deceased’s name is based on the seal affixed by the deceased’s will, and thus the authenticity of the entire document is presumed to have been established), Gap 12, 13, and 15, and the purport of the entire argument as to the cause of the claim as a whole, according to the above facts of recognition, the defendants are liable to the plaintiff to implement the ownership transfer registration procedure with respect to each of the corresponding shares listed in the separate sheet No. 1, which correspond to the defendants’ respective inheritance shares among each real estate listed in the separate sheet No. 2, as to each of the real estate listed in the separate sheet No. 2.
Defendant C, D, and E’s assertion that the instant donation agreement is null and void, since Defendant C, D, and E had no mental capacity to determine the meaning or result of the donation to the Deceased at the time of the instant donation.
Medical capacity refers to mental ability or intelligence that can be reasonably determined on the basis of normal perception and towing ability, and the existence of mental capacity is to be determined individually in relation to specific legal acts (see Supreme Court Decision 2001Da10113, Oct. 11, 2002), and the result of the fact-finding with respect to the head of H/C hospital at the time of entering into the instant gift contract, alone, is the meaning of the instant gift to the Deceased at the time of entering into the instant gift contract.