(영문) 대구지방법원안동지원 2019.06.26 2018가단1766

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(영문) 대구지방법원안동지원 2019.06.26 2018가단1766

소유권말소등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that there was no dispute over each of the instant land owned by the Plaintiff was completed on October 15, 2015 due to the receipt of No. 8184 on October 14, 2015 (hereinafter “instant donation”) and the ownership transfer registration (hereinafter “instant transfer registration”) was completed in the Defendant’s future on the grounds of the donation as of October 14, 2015.

2. The plaintiff's assertion and judgment

A. The registration of transfer of ownership of the Plaintiff’s assertion is a registration of invalidation completed without any cause as follows, and thus should be cancelled.

(1) The Plaintiff, at the time of the instant donation, was in the state of his capacity to perform his duties with mental illness, such as the continuous uncertainty disorder at the time of the instant donation, and thus, the instant donation is null and void.

(2) In addition to the above symptoms, the Plaintiff had been physically and physically imprisoned due to a number of symptoms. However, the Defendant concluded the instant gift contract by taking advantage of these conditions of the Plaintiff, even though he/she did not have any intent to support the Plaintiff.

Therefore, the gift of this case is based on the plaintiff's defective declaration of intention based on fraud or duress, and it is revoked by the delivery of the complaint of this case.

B. The result of the determination on Gap evidence No. 2 and the fact-finding on the Ficial Director G of the Medical Center is insufficient to acknowledge that the plaintiff had the capacity to perform his duties at the time of the donation in this case. There is no other evidence to support this. There is no evidence to support that the plaintiff made the donation in this case by the defective declaration of intent due to fraud or coercion. Thus, the plaintiff's assertion is without merit.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.

유사 판례

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