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1. On January 18, 2013, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, each of the Chuncheon District Court’s office of registration.
Reasons
Basic Facts
A. The defendant is the plaintiff's mother.
B. On January 18, 2013, the Defendant completed the registration of ownership transfer (hereinafter “each of the instant real estates”) with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the Plaintiff on January 18, 2013, based on the gift dated 10, 2013 (hereinafter “instant gift agreement”) as the receipt of the Chuncheon District Court’s registration office under Article 615.
[Ground of recognition] Facts without dispute, each statement of Gap evidence Nos. 1 through 3 (including a branch number, if a branch number is included; hereinafter the same shall apply), and the purport of the whole argument of the plaintiff, the gist of the plaintiff's assertion was that the donation contract of this case was concluded, and that the plaintiff was incapable of performing his/her opinion due to dementia, etc. around January 2013, when each transfer of ownership
The gift contract of this case is null and void, and the registration of transfer of ownership of this case, which is completed based on it, is the registration invalidation of cause.
The Defendant is obligated to implement the procedure for registration cancellation of each ownership transfer registration of this case to the Plaintiff.
Judgment
(a) capacity means mental ability or intelligence that can reasonably determine the meaning or result of his act on the basis of normal perception and towing ability, and the existence of his capacity must be individually determined in relation to specific legal acts;
(see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002). B.
According to Gap evidence Nos. 4 through 7, 52, and 55, witness D's testimony, fact inquiry reply by the National Health Insurance Corporation, and the whole purport of arguments, the following facts and circumstances can be acknowledged.
1) At least from around 2011, the Plaintiff was diagnosed with dementia on May 9, 201, and executed on the same day. The Plaintiff was diagnosed with dementia in the Maternal Altitude’s disease on the same day.