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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff had K, Defendant C, E, and F, an son and his/her father and his/her father, who were his/her husband and wife, between the deceased I (Death on October 20, 2014).
Defendant B is the husband of Defendant C and Defendant D, and Defendant G is the father of Defendant E, and Defendant G is the father of Defendant F.
B. On August 24, 2010, the registration of preservation of ownership in the name of J was completed due to the construction of two-story neighborhood living facilities on the ground of the real estate stated in paragraph 1 of the attached list.
Defendant F operated dental services on the second floor of the above building.
C. On November 12, 2014, the Plaintiff entered into a gift agreement with the Defendants that the real estate listed in paragraphs (1) through (4) of the attached Table Nos. 1 to (4) of the Plaintiff’s attached Table Nos. 5 (hereinafter “instant gift”) donated each of the real estate indicated in paragraph (5) of the attached Table Nos. 2,958/3,006 shares to the Defendants, respectively (hereinafter “instant gift”).
Accordingly, on November 14, 2014, the Suwon District Court's Ansan District Court's registration office was received on November 14, 2014 with respect to the shares of 1/6 of each of the real estate listed in the separate sheet Nos. 1 to 4, and the registration of transfer of shares in the name of the Defendants was completed as of November 14, 2014 with respect to shares of 493/3,006 among the real estate listed in the separate sheet No. 5 of the same registry office as of November 14, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff made the instant donation in a state of loss of capacity due to shock caused by the death of the deceased I, symptoms of dementia, etc.
B. The Plaintiff, in collusion with the Defendants to hear the horses of gathering J from Defendant C, E, and F, and in order to mislead the J’s mistake, was deemed to have made the instant donation in collusion with the Defendants, and the instant donation is null and void pursuant to Article 108 of the Civil Act.
C. The plaintiff heard the horses of gathering the J from the defendant C, etc., and made a donation of this case to the defendant C, etc. with fear that it would not be able to receive support from his father unless the donation of this case is made. The donation of this case is made by the defendant C.