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(영문) 서울중앙지방법원 2018.10.17 2017나85780
소유권말소등기
Text

1. Of the judgment of the court of first instance, the registration of ownership transfer to Appointors E, F, Defendant (Appointed Party) and Appointed G.

Reasons

Basic Facts

The relationship between the parties, the progress of adult guardianship cases against the plaintiff, the defendant, and the designated parties are father M (Death on May 18, 1993) and mother W, and the plaintiff is the children of 5 South and North Korean children born between the plaintiff and the defendant and the designated parties. The plaintiff is the mother and the defendant and the designated parties are the children of the plaintiff.

B and C are children of the Plaintiff.

From the end of 2012, the Plaintiff was receiving dementia symptoms, and on July 19, 2013, was designated from the National Health Insurance Corporation as eligible for three-class long-term care.

B and C filed a petition for adjudication on the commencement of adult guardianship against the Plaintiff on November 15, 2013 due to the lack of the Plaintiff’s ability to handle affairs due to dementia.

The Seoul Family Court (Seoul Family Court 2013 Dodan9794). The Defendant and the appointed parties asserted that the Plaintiff’s adult guardianship is unnecessary and that the guardian’s children are inappropriate.

On March 31, 2015, the Seoul Family Court commenced adult guardianship for the plaintiff, and tried to appoint B and C as the plaintiff's adult guardian, and the judgment became final and conclusive.

Around June 2015, the Defendant and the designated parties filed an application for change of a guardian to the effect that B and C committed abusive language, intimidation, etc. against the Plaintiff, and the Plaintiff was isolated in a convalescent hospital or returned to the Plaintiff’s property, etc. However, the application was dismissed (Seoul Family Court Decision 2015 Ma30631), but the Defendant and the designated parties appealed on July 29, 2016, but the appeal was dismissed.

The Seoul Family Court (Seoul Family Court 2015B30106). The Defendant and the appointed parties agreed to dispose of property or acquired property from the Plaintiff before and after the case of the commencement of adult guardianship.

1. On December 21, 2013, the Plaintiff represents the land sale price, compensation, and monetary reward among the property of M put by the Plaintiff to the Defendant and the designated parties.

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