1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 30, 1956, the Plaintiff married with Non-Party D and formed 7 South Korea, such as Non-Party B, etc., and after the deceased on November 4, 1986, the Plaintiff is still maintaining the marriage relationship until now with the Defendant on September 18, 191, after the deceased on November 4, 1986.

B. On August 25, 2012, the Plaintiff was hospitalized as of August 8, 2010 on the date on which cerebral cerebral cerebral typhism occurred due to cerebral typhism.

C. The registration of ownership transfer was completed based on each gift under the name of the defendant (hereinafter “instant gift”) as stated in the separate sheet concerning each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet, which was owned by the plaintiff.

B was appointed as a special representative of the Plaintiff (Sasan District Court 2013Kaga150) and filed the instant lawsuit against the Defendant.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion was that the Plaintiff had the capacity to perform his duties at the time of the instant donation. As such, the instant donation is null and void as a contract with no existence or declaration of intention by a person without will, and thus, the registration of transfer of ownership in the name of the Defendant for each real estate of this case should be cancelled as a registration invalidation

B. (1) Determination means the mental ability or intelligence that can reasonably determine the meaning or result of one’s act based on normal perception and towing power, and the existence of a mental capacity should be individually determined in relation to specific legal acts.

(Supreme Court Decision 2001Da10113 Decided October 11, 2002). In the event that the registration of ownership transfer is completed with respect to real estate, not only the third party but also the former owner is presumed to have acquired the ownership by legitimate grounds for registration.