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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of litigation is Law Firm Neba bus.
Reasons
1. Summary of the plaintiff's assertion
A. The Defendant, around December 1, 2016, suffered from Albusee Maz’s dementia and received treatment at a hospital due to cerebral chron, had the Plaintiff, through the staff of the certified judicial scrivener office, sign the donation contract for each of the instant real estate through the staff of the certified judicial scrivener office. The Defendant affixed the Plaintiff’s seal imprint, affixed the Plaintiff’s seal imprint, and completed the instant registration of transfer based on donation.
B. The Plaintiff was old as 90 years of age at the time of the preparation of the above donation contract with Girsian, and had been treated with dementia and cerebral chronism for a long time. The Plaintiff was in a state where the legal meaning or effect of donation, transfer of ownership, etc. cannot be known, since it was an academic background of retirement from elementary school, and was engaged in a lifelong agriculture and was in a state other than the legal issues
C. Therefore, this case’s registration of transfer should be cancelled since the above donation contract was concluded in a state where the Plaintiff was unable to express his/her intent.
2. The defendant's main defense
A. As to the instant lawsuit, the Plaintiff asserted as above and sought the cancellation of the registration of transfer of this case, the Defendant asserts to the effect that the instant lawsuit was unlawful as it was filed against the Plaintiff’s will.
B. Article 62-2(1) of the Civil Procedure Act provides, “Where it is necessary for a person who has no mental capacity to conduct litigation against a person without mental capacity or for a person who has no mental capacity to conduct litigation, Article 62 shall apply mutatis mutandis to the appointment, etc. of a special representative: Provided, That a specific guardian or a voluntary guardian may also apply for the appointment of a special representative.” Article 62 of the same Act provides, “The procedures for the appointment, etc. of a special
C. In this case, the Plaintiff was present at the date of the first instance trial on July 12, 2017, and the Plaintiff was not well aware of it, but delegated to the attorney who wanted to find a house by a divided horse.