(영문) 수원지방법원 평택지원 2017.02.15 2016가단10723

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(영문) 수원지방법원 평택지원 2017.02.15 2016가단10723

소유권이전등기말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On November 5, 2015, D entered into a contract with the Defendant to donate each real estate (hereinafter “instant real estate”) listed in the separate sheet owned by the Defendant (hereinafter “instant gift contract”). The Defendant, on the instant real estate, completed the registration of transfer of ownership under the name as the receipt of No. 4582 on November 6, 2015 on the ground of the instant donation contract, as to the instant real estate, on November 6, 2015, D died on November 12, 2015, and the Plaintiffs were the deceased’s children as the deceased’s legal heir (hereinafter “the deceased”). There is no dispute between the parties.

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs asserted that they were hospitalized at the hospital on November 4, 2015, and that on the date of entering into the instant gift agreement, they were in a state of their work ability, such as not being able to properly blickly and not being able to communicate smoothly.

Therefore, since the instant donation contract is null and void, the registration of transfer of ownership in the name of the defendant should be cancelled based on the null and void donation contract.

B. The Plaintiffs Nos. 2, 3, and 5 were present at the date for pleading and submitted the above documentary evidence, among the Plaintiffs No. 2, 3, and 5.

Each statement of the deceased alone is insufficient to recognize that the deceased was in a state of his/her office ability at the time of the conclusion of the gift contract of this case, and there is no other evidence to prove otherwise. Rather, according to the statement Nos. 5 and Nos. 1 and 5 (including each number), and witness E’s testimony, the deceased’s direct seal on the confirmation document necessary for the registration of transfer of ownership under the gift contract of this case after hearing the explanation of the certified judicial scrivener, and the deceased’s seal directly on the confirmation document necessary for the registration of transfer of ownership under the gift contract of this case. The fact that the status of the deceased following the conclusion of the gift contract of this case and the preparation of all necessary documents for the registration

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