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(영문) 서울중앙지방법원 2019.08.28 2018가합503250
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 820,000,000 and as to this, from November 1, 2017 to June 24, 2019.

Reasons

1. Basic facts

A. Defendant B is the father’s father and Defendant C is the mother’s money of Defendant B.

B. From October 6, 2014 to October 31, 2017, Defendant B lived with her husband G in order to care for the Plaintiff who started to show the dementia symptoms.

C. During the period in which Defendant B was living with the Plaintiff, the sum of KRW 1,125,385,770 was withdrawn from the National Bank Account (Account Number H) and the Han Bank Account (Account Number I) to October 26, 2017, or was transferred to Defendant C in cash, during the period in which Defendant B was living with the Plaintiff, and the ownership transfer registration was completed on September 27, 2017 with respect to the 10th E on the ground of donation under the name of Defendant B on the land outside Gangnam-gu Seoul, Seoul, and the ownership transfer registration was completed on September 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, 11, 16 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and 14, and the purport of the whole pleadings

2. The Defendants asserted that the instant lawsuit should be dismissed, since the Plaintiff did not have the intent or ability to file a lawsuit against the Defendants due to dementia symptoms, and the instant lawsuit is not well-founded.

According to the records, Gap evidence Nos. 10, 11, and Eul evidence Nos. 7, 14, 22, the plaintiff was diagnosed as being a simple mental condition test (MMMs) 19/30, an overall decline (GDS) 4 level in the J Hospital around October 2017. ② The plaintiff was diagnosed as having been a simple mental condition test (MMME) 14, 2/5 level in the negosasis test received by the National Health Center on September 6, 2018. ③ The plaintiff was assessed as having been a remote mental condition test (MME) 14, 2/5 level in the Mesasis test at the National Health Center, and ③ the plaintiff's her her son and her son of defendant Eul filed a claim for the commencement of adult guardianship against the plaintiff and commenced adult guardianship with the Seoul Family Court Decision 2017Mo52840, May 28, 2017.

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