1. The plaintiff's claim is dismissed.

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

① The Plaintiff and the Defendant were D’s son’s children, and E was his wife, ② With respect to 12/34 shares of 12/34 shares out of 1,230 square meters of land of Seo-gu Incheon Special Metropolitan City, Seo-gu, Incheon District Court on July 18, 2008 (hereinafter “instant donation agreement”), the registration of transfer of ownership under the Defendant’s name (hereinafter “instant transfer of ownership”) was completed on July 23, 2008, under the receipt of No. 76541 on July 23, 2008; ③ The fact that D died on May 5, 2013 may be recognized either as a dispute between the parties or as a whole by taking into account the entire purport of the pleadings as stated in the evidence No. 2, No. 4-1, and No. 1.

The Plaintiff was suffering from dementia since before 2008. However, at the time of the donation contract of this case, the Plaintiff was in the state of business capacity due to eating soil or neglecting urine, etc., and the Defendant concluded the donation contract of this case with a certificate of personal seal impression in the name of D with well aware of such circumstance and completed the registration of transfer of ownership of this case. Thus, the Plaintiff asserted that both the donation contract of this case and the transfer of ownership of this case are null and void and sought cancellation of the transfer of ownership registration of this case as an act of preserving the jointly owned property.

Medical capacity means mental ability or intelligence that can reasonably be determined on the basis of the meaning or outcome of his/her act based on normal perception and towing ability (see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002); evidence Nos. 6 (issuance Certificate of Mandatory Records); Gap No. 8 (Certificate of Mandatory Records Issuance); and Gap No. 10 (Certificate of Investigation Table for Long-Term Care Approval); and fact-finding with regard to the Vice Governor of Incheon National Health Insurance Corporation (the Vice Governor of Incheon National Health Insurance Corporation) of this Court is insufficient to recognize that D had a position of office ability to make normal and reasonable judgments on dementia symptoms at the time of the donation contract in this case; and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit.