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(영문) 서울남부지방법원 2019.05.08 2018가단213617
소유권이전등기 말소등기절차 이행청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The progress of the instant case is the father of the Plaintiff and the spouse married with the Defendant on December 10, 1984.

On March 6, 2016, at the D Hospital hospitalized by C, a will letter was prepared to the effect that the Defendant donated real estate indicated in the attached list, his own possession, to the Defendant, and the Defendant issued a certificate of the personal seal impression as C’s agent (the same month 7). A certified judicial scrivener E prepared a written confirmation and completed the registration of ownership transfer stated in the purport of the claim on March 7, 2016 (hereinafter “instant registration”).

C In March 10, 2016, died on March 3:45, 2016, and the inheritance shares of F, the plaintiff and other inheritors, are 2/13, respectively.

Meanwhile, the Plaintiff filed a complaint with the purport that the Defendant, in the process of the instant registration, forged the certificate of seal imprint issuance, delegation letter, and written confirmation. However, the Defendant was subject to a disposition by an investigative agency as to November 27, 2017 without suspicion of crime.

[Grounds for recognition] A. 2. The Plaintiff asserted that, on March 7, 2016, C had a oxygen smoking machine installed on March 7, 2016, and that the registration of this case is null and void due to the lack of mental capacity due to the lack of normal dialogue. Thus, the Plaintiff and F shares should be cancelled.

Only the descriptions of evidence Nos. 6 through 8 (including each number) are insufficient to deem that C had no mental capacity in the process of donation for the registration of this case, and there is no other evidence to acknowledge this.

Therefore, the plaintiff's claim is dismissed for lack of reason.

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