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(영문) 춘천지방법원영월지원 2020.05.27 2019가단12720
근저당권말소
Text

1. On September 15, 2014, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Chuncheon District Court’s Cheongcheon District Court registry office.

Reasons

1. Facts of recognition;

A. From around 2011, the Plaintiff was frequently engaged in abnormal behavior, such as taking a bath and cleaning, and taking water on the urines.

On May 9, 2011, the plaintiff was diagnosed with dementia in Maternal Alsyn's Syn's disease, and was found to be a conclusive dementia condition in a simple mental condition test conducted on the same day.

B. On January 10, 2013, the Plaintiff, South Korea, requested the Plaintiff to transfer ownership in the name of E with respect to each real estate listed in the separate sheet owned by the Plaintiff as a certified judicial scrivener office. On January 18, 2013, on each of the above real estate, the registration of transfer of ownership based on donation in the name of E (hereinafter “each of the instant transfer of ownership”).

C. On September 15, 2014, E completed the registration of establishment of a neighboring mortgage of KRW 56,00,000 (hereinafter “the registration of establishment of a neighboring mortgage of this case”) with respect to each real estate indicated in the attached list to the Defendant.

The plaintiff Eul, a South-North Korean for the plaintiff, filed a petition for a trial to commence adult guardianship with the Youngcheon District Court's Young-gu Branch 2014Ra255 for the plaintiff, and was tried to commence adult guardianship on February 15, 2016.

E. B as a legal guardian for the Plaintiff, filed a lawsuit against the Plaintiff seeking cancellation of the registration of each transfer of ownership in this case by the Chuncheon District Court Branching 2016Kadan30653, which was rendered a favorable judgment on August 29, 2017.

The above judgment became final and conclusive through the Supreme Court Decision 2017Na53108 and Supreme Court Decision 2019Da25363 Decided the dismissal of the appeal in the Chuncheon District Court Decision 2017Na53108.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. According to the facts of recognition as above, a donation contract between the Plaintiff and E on January 10, 2013 between the Plaintiff and E is null and void after the Plaintiff was concluded with no mental capacity, and its conclusion is completed accordingly.

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