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(영문) 서울고등법원 2020.02.13 2019나2013993 (1)
소유권말소등기
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1. The part of the judgment of the court of first instance against the defendant with respect to the payment of money shall be revoked, and the revocation part shall be revoked.

Reasons

Basic Facts

A. The plaintiff is the mother of the defendant.

B. Around June 2007, the Plaintiff was diagnosed with dementia at the D Hospital, and on September 15, 2017, the Plaintiff was decided to commence adult guardianship and appoint an adult guardian (Seoul Family Court 2016 Mono824).

C. As to each real estate listed in the separate sheet (hereinafter “the instant real estate”), the registration of ownership transfer was completed on November 26, 1987 under the Plaintiff’s name on the ground of the same day as the receipt of No. 53325, Nov. 26, 1987; as to the portion of one-half of them, on the ground of the donation on June 30, 2009 (hereinafter “the instant primary donation”); as to the remainder of one-half of them, the donation on March 8, 2013 (hereinafter “the instant secondary donation”); and as to the remainder of one-half of them, the registration of ownership transfer was filed against the Defendant each on the ground of both the instant first and second donations.

(2) Each registration of ownership transfer based on each of the instant donations (hereinafter “each of the instant donations”) D.

After that, the registration of ownership transfer was completed on October 25, 2016 in the name of the FHousing Reconstruction and Improvement Project Association (No. 160213, Oct. 25, 2016) due to the trust on September 8, 2016, and the buildings listed in the attached Table No. 2 were removed on March 28, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 11, Eul evidence No. 20 (including additional numbers), and each gift contract of this case of this case of this case, which is alleged by the parties to the whole purport of the argument, was concluded in the status of the plaintiff's office ability, and thus, each transfer registration of ownership should be cancelled.

Therefore, since the real owner of the instant real estate is the Plaintiff, the status of the member of the FHousing Rebuilding Project Association acquired by the Defendant as the owner of the instant real estate shall be transferred to the Plaintiff, and the relocation expenses received by the Defendant shall also be returned to the Plaintiff

At the time of entering into each gift contract of this case, the Plaintiff is competent to perform his duties.

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