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(영문) 서울동부지방법원 2017.09.22 2016나26657
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. At the preliminary claim of the plaintiffs added at the trial, the defendant.

Reasons

1. Facts of recognition;

A. E and Plaintiff B are married, and Plaintiff A, C and F are their children.

The defendant is F's wife.

B. On December 15, 2006, E and Plaintiff B completed the registration of ownership transfer in relation to each of 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

On July 4, 2015, E and Plaintiff B entered into a contract of gift with the Defendant on the attached “free donation contract” (hereinafter “instant donation contract”) and completed the registration of transfer of ownership based on the instant donation contract with the Defendant on July 6, 2015.

C. On November 6, 2015, E was killed on the part of the deceased (hereinafter “the deceased”), and accordingly, the Plaintiff B, the deceased’s spouse, inherited shares of 3/9, and Plaintiff A, C, and F, as their children, became the co-inheritors of the deceased’s inheritance shares of 2/9, respectively, and the Plaintiffs taken over the instant lawsuit by the deceased.

[Based on recognition] Each entry of Gap evidence Nos. 1, 4 through 6, 10, and Eul evidence Nos. 2 through 5 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on the plaintiffs' primary claims

A. The Plaintiffs, who are Plaintiff B and the deceased’s inheritors, seek to implement the procedure for registration of cancellation of ownership transfer registration based on the instant donation contract on the grounds that the instant donation contract was null and void or cancelled for the following reasons.

First, since the deceased and the plaintiff B did not have any intent and ability to discern things at the time of concluding the gift contract of this case due to dementia, the gift contract of this case concluded with the defendant is null and void as a juristic act of a person without mental capacity.

Secondly, since the Defendant, by deceiving the Deceased and Plaintiff B, concluded the gift contract of this case, the Plaintiffs are revoked by delivering a copy of the complaint of this case pursuant to Article 110(1) of the Civil Code.

B. Determination on the invalidity of the instant gift agreement

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