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(영문) 수원지방법원 2016.12.07 2015가단118478
소유권말소등기
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. Defendant I stated 1, 1, and 1 in the attached Table 1 to the rest of the plaintiffs except Plaintiff B.

Reasons

1. Evidence 【Evidence】 1-1, 2, 1-1, 9, 14 through 6, 122, and the purport of the whole pleadings;

A. The parties to A are J students, Defendant H is the children of Defendant H, and Defendant I is the wife of Defendant H as the wife of Defendant H.

(b) Each real estate listed in Appendix 1 Schedule A is owned by A.

C. On June 16, 2005, as the receipt of June 16, 2005 on June 16, 2005, the provisional registration of ownership transfer claim (hereinafter “instant provisional registration”) was completed under Defendant I’s name (hereinafter “instant provisional registration”).

Attached Form

On January 12, 2010, the registration of transfer of ownership (hereinafter referred to as the "registration of transfer of ownership") was completed in the name of Defendant H and I on the ground that each 1/2 share of each of the real estate listed in the list (hereinafter referred to as the "each of the instant real estate") was received on January 18, 2010 from the Daejeon District Court of Daejeon on the ground of donation No. 1865 on January 18, 201.

E. A died on June 23, 2015, and his spouse was Plaintiff C, D, E, F, G, and Defendant H as the spouse, and the inheritance shares of the Plaintiffs and Defendant H are the same as the shares to be cancelled for provisional registration, among the shares to be cancelled in the attached Table 2 list.

F. On August 22, 2016, the Plaintiffs filed a claim against the Defendants for an adjudication on the division of inherited property.

(U.S. District Court 2016 Mau537). 2. The allegations of the parties and the judgment of this court

A. (1) Whether Plaintiff B had a litigation capacity (A) The Defendants asserted that the lawsuit of this case by Plaintiff B is unlawful since Plaintiff B had not been separated from dementia due to heavy wind and old age since it had been five years ago, and had a complete lack of mental capacity and ability to act.

(B) In full view of the results of the examination by this court, the purport of the entire argument by the plaintiff B as a result of the examination by the plaintiff B, the plaintiff B was K students, the plaintiff B was suffering from hospitalized treatment since around 2009 as it was not good for health, and the plaintiff B was hospitalized.

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