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(영문) 서울서부지방법원 2018.01.23 2017나31849
소유권말소등기
Text

1. Of the judgment of the court of first instance, the parts concerning the principal lawsuit and counterclaim shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of this Court is that the pertinent part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment, and thus, this part is cited in accordance with the main text of Article

2. Determination as to the claim on the principal lawsuit

A. (1) The determination on the claim for cancellation of ownership transfer registration is that the deceased F at the time of the donation of this case alleged by the Plaintiff A and the Plaintiffs had no capacity to express his opinion, and thus, the gift of this case is null and void and the registration of transfer of ownership of shares should be cancelled.

(2) The capacity to determine means the mental ability or intelligence that can reasonably determine the meaning or result of one’s act based on normal perception and towing power, and the existence of a capacity to determine shall be individually determined in relation to specific legal acts.

(See Supreme Court Decision 2001Da10113 Decided October 11, 2002, etc.). In full view of the following circumstances, it is difficult to deem that the netF at the time of the donation in this case had mental ability or intelligence to reasonably determine the meaning or result of the act in question based on normal perception and towing power, as well as the overall purport of the arguments, comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the following circumstances:

(1) On June 27, 2014, the net F shall have the cerebral epidemia performed at the Sbave Hospital on the same year.

8.4. Radioactive treatment was received up to 4.

② From November 2014 to December 31, 2014, the deceased F was hospitalized in H convalescent, and the record book of the doctor’s instruction prepared at the time stated that “finites, dementia, overcoming conditions, and normal communication difficulties are caused by brain finites and finites,” and “finites,” and “finites,” “finites,” and “finites,” in the nursing record book.

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