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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 1, 2013, on the ground of the gift on September 29, 2013 (hereinafter “instant gift”) with respect to 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff as to the cause of the claim, the ownership transfer registration (each share of 1/4; hereinafter “instant ownership transfer registration”) was completed in the Defendants’ future.
However, since the Plaintiff was in the state of business ability at the time of donation of this case, the transfer registration of this case shall be cancelled as a cause invalidation.
2. Determination capacity means the mental ability or intelligence that can reasonably be determined based on normal perception and towing ability, based on the meaning or outcome of one’s act, and whether a person has a capacity to act must be determined individually in relation to specific legal acts.
The evidence submitted by the Plaintiff [in particular, evidence Nos. 3 (S. 16, Aug. 16, 2012, and the G. 14, Aug. 14, 2013) and evidence Nos. 7 (C. 37, 2014) submitted by the Plaintiff is difficult to readily conclude that the Plaintiff had a medical capacity due to dementia, etc. at the time of donation or transfer of ownership, etc., and there is no other evidence to acknowledge otherwise.
Rather, on December 10, 2010, the Plaintiff prepared a testamentary document stating that one-fourths of each of the real estate and deposit claims of this case will be bequeathed to the Defendants, who are his/her dependants, and the Plaintiff lost his/her memory completely after the dementia diagnosis on August 16, 2012.
In light of the fact that it is difficult to see that the Plaintiff was in the state of business ability at all times, the Plaintiff seems to have understood the legal meaning and effect of the testamentary gift that was made at the time of preparation of the above testamentary deed, and had the donation of this case or the registration of transfer of ownership.