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(영문) 의정부지방법원고양지원 2016.07.06 2015가합75353
소유권말소등기
Text

1. The defendant shall support the plaintiff with respect to each real estate listed in the attached list 1 and 2 at the Jung-gu District Court.

Reasons

1. Basic facts

A. On March 18, 2007, the Plaintiff suffered cerebral cerebrovascular and became a telegraphic marine, and lost its mental capacity from that time to that time.

B. On May 8, 2007, the Defendant completed the registration of ownership transfer and the registration of ownership transfer of each share (hereinafter “each of the instant real estates”) listed in the separate sheet Nos. 1, 2, and 1/2 of each of the real estates listed in the separate sheet Nos. 3 through 6 owned by the Plaintiff on May 8, 2007, as to each of the respective real estates listed in the separate sheet No. 1, 2007 (hereinafter “each of the instant real estates”).

C. The Plaintiff’s mother, who was the Plaintiff, filed a petition for adjudication of adult guardianship against the Plaintiff with the Ji Government District Court Decision 2015Radan53, and on September 7, 2015, the said court commenced adult guardianship for the Plaintiff and decided to appoint B as an adult guardian, and the said adjudication became final and conclusive on November 4, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 6, Gap evidence 2, 3, Gap evidence 5-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. The defendant, who is the plaintiff, completed the registration of transfer of ownership of each of the instant real estate in the name of the defendant without any substantive legal relations in the status where the plaintiff lost the plaintiff's capacity to make a cerebrovascular. Since each of the above transfer of ownership is invalid, the defendant must implement the procedure for cancellation of the above transfer of ownership.

B. B. Before the Plaintiff loses his capacity to act, her mother delegated D with the authority to dispose of all real estate owned by the Plaintiff, and the Defendant concluded a sales contract with D, a voluntary agent of the Plaintiff, and completed each of the instant registrations of transfer of ownership. Therefore, each of the above transfer registrations in the name of the Defendant with respect to each of the instant real estate is valid registration consistent

3. Determination

(a) Transfer of ownership is registered;

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