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(영문) 청주지방법원 2017.11.03 2016가단114644
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are the first-order successors as children of F, who died on October 26, 2016 (hereinafter “the deceased”).

B. As to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”), the ownership transfer registration was completed from the deceased on September 26, 2016, which was based on the Cheongju District Court No. 116916, Sept. 12, 2016, which was received on September 26, 2016 (hereinafter “instant gift contract”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the donation contract of this case, the Deceased was hospitalized in the Chungcheong University Hospital due to an inorganic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

Since the deceased has a normal recognition ability as well as a state of lacking mental capacity, the donation contract of this case is null and void as it was made in a state of absence of mental capacity of the deceased.

B. The gift contract of this case by the defendant is valid since it was made under the condition of the deceased’s mental capacity.

3. Determination ability means mental ability or intelligence that can be reasonably determined on the basis of normal perception and towing ability based on the meaning or result of his act, and the existence of his capacity should be determined on an individual basis in relation to specific legal acts.

(see, e.g., Supreme Court Decision 2011Da75775, Mar. 15, 2012). According to the foregoing legal doctrine, the following circumstances acknowledged by the descriptions in subparagraphs 1 and 3 of Articles 201 and 1 and 3 are as follows: (a) the decedent’s signature and seal is affixed to the gift contract of this case; (b) the decedent’s power of attorney is attached to the application for the registration of this case; and (c) a certified judicial scrivener who is the applicant for registration confirms the Deceased, as alleged by the Plaintiffs, the condition that the Deceased was hospitalized, and Article 3

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