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(영문) 서울중앙지방법원 2016.02.02 2013가단5150222
소유권말소등기
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. The defendant is among each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are children born between the network D and E.

The network D married with the Defendant on January 23, 2008 after divorce with the above E, and died on September 26, 2013.

B. Around February 27, 2012, the network: (a) donated KRW 144,824,00 to the Defendant (hereinafter “the gift on February 27, 2012”); (b) Plaintiff B was paid KRW 10 million from the Defendant on February 29, 2012; (c) on September 12, 2012, the network donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “the gift on September 12, 2012”); and (c) the Defendant completed the registration of ownership transfer on November 9, 2012 with respect to each of the instant real estate on the grounds of the said gift.

[Reasons for Recognition] Facts without dispute, entry in Gap 1, 4, and 5 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. On September 12, 2012, the Plaintiff’s assertion D’s gift of each of the instant real estate to the Defendant on or around September 12, 2012, the deceased D was unable to do so due to the continuous drinking, due to liver and liver brain diseases, etc., and was hospitalized in the hospital and received medical treatment. The gift contract concluded on September 12, 2012 is null and void as it was concluded in the state of the network D’s business capacity.

Therefore, the Plaintiffs, as co-inheritors of the network D, seek to cancel the registration of transfer of ownership in the name of the Defendant on each of the instant real estate against the Defendant.

B. In full view of the aforementioned records and the fact-finding results and the overall purport of the arguments with respect to the Katol University’s government-specific hospital at the Katol University at the above evidence, the network D, prior to the conclusion of the donation contract on September 12, 2012, refers to the liver brain cerebralopy, during the period from March 6, 2012 to March 9, 2012, 2012, was hospitalized at the Katol University’s government-specific mother hospital, and the fact-finding and the liver brain cerebralopy can be seen as one of the non-subject liveral mergers and identification ability.

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