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(영문) 청주지방법원제천지원 2015.11.25 2014가단2194
소유권말소등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 20, 2012, Non-Party C donated each real estate listed in the attached Form 1 and the attached Form 2 to the Defendant during the establishment on March 20, 2012 without compensation.

(hereinafter “instant donation contract”). (b)

According to Article 5 of the gift contract of this case, “the special conditions for donation” is stipulated as follows: “The partial area of the indicated real estate (3,000 square meters) shall be donated on the premise of the establishment of a sanatorium, and the special conditions for donation may be changed by C and the defendant when legal problems arise in the fulfillment of the special conditions for donation.”

C. C under the instant gift agreement, on September 18, 2012, completed the registration of ownership transfer as to each real estate listed in the separate sheet No. 26169 from the Cheongju District Court’s receipt of Cheongju District Court’s support as to each real estate listed in the separate sheet No. 26169. As to each real estate listed in the separate sheet No. 201 (2),

C On September 12, 2013, after the death of September 12, 2013, there were D, children E, F, F, F, and Plaintiff, who were wifes, but among the above inheritors, each real estate listed in the attached Form (1) was owned by the Plaintiff solely, and the agreement on division of inherited property was concluded.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 5, 7, Eul's 1 (including additional numbers), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserts that at the time of the instant donation agreement, the instant donation agreement is null and void, given that C had no capacity to make a decision due to dementia, etc., at the time of the instant donation agreement.

According to the records of Gap evidence No. 8 and the result of the request for the examination of medical records for the director of the Ansan Hospital at Korea University at this Court, Eul was recognized as suffering from dementia at the time of the donation contract at this case, and was in a state where the recognition function has been significantly deteriorated, but the above fact of recognition alone was in a state of office capacity at the time of Eul.

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