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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. On August 9, 2013, H had been hospitalized in the Native Rehabilitation Special Hospital located in the Nam-gu Incheon Metropolitan City, and died on February 25, 2015.
(hereinafter referred to as “H”). B.
The Plaintiff and the Deceased filed a lawsuit against the Deceased on August 5, 2012, claiming a gift based on the deceased’s certificate on August 5, 2012, seeking the registration of ownership transfer of a commercial building No. 314 of Yeonsu-gu Incheon (hereinafter “O commercial building”) and the return of deposits deposited in the Kimpo Livestock Agricultural Cooperative (hereinafter “the first lawsuit”).
In the above case, the settlement was concluded on August 13, 2013, that the deceased transferred the ownership of the O commercial building to the Plaintiff and paid KRW 100 million to the Plaintiff.
C. The Plaintiff’s gift to the Defendants 1) The Deceased drafted a written confirmation on August 30, 2013, stating that “the Plaintiff donated O commercial buildings, etc. to the Plaintiff through the result of the lawsuit No. 2012Gahap14056, and donated the remaining property to his/her children, including the Defendant.” As to this, on September 2, 2013, a notary public drawn up a written confirmation as the No. 1011, 2013 on September 2, 2013. 2) 1/7 shares of each real estate listed in the separate sheet, which the Defendants owned by the Deceased, on November 27, 2013, the Incheon District Court, Seocheon-gu Office of Registry No. 111352, which was received on November 29, 2013.
[Basis] Evidence Nos. 1 through 9 (including each number), Eul's evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the health of the deceased has deteriorated and thus it is impossible to properly express his/her intent, i.e., to donate each real estate listed in the separate sheet to the Defendants under the status of his/her clerical capacity, is null and void.