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(영문) 창원지방법원 2018.11.08 2017나57230
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. The Defendants are 1/2. each of the real estate listed in the attached Table 1/2.

Reasons

1. Basic facts

A. The Plaintiff, as a congenital deaf-mute, was determined at the second degree of disability due to the complex disability of hearing and speech impairment around September 2001, and was determined at the first degree of disability on the same ground as around October 2017.

B. The registration of transfer of ownership in the name of the Defendants was completed on October 6, 2016 due to the purchase and sale on October 4, 2016 (hereinafter “the instant sales contract”) with the head of Changwon District Court No. 26418, which was received on October 6, 2016, among each real estate listed in the separate sheet of real estate owned by the Plaintiff (hereinafter “each of the instant real estate”).

C. The Plaintiff filed an application with the Changwon District Court for a limited guardianship against the Plaintiff. On January 17, 2018, the said court appointed F as the Plaintiff’s limited guardian upon rendering a decision on commencing a limited guardianship including the Plaintiff’s “The Plaintiff’s consent to all the procedural acts (excluding withdrawal, compromise, waiver, recognition, and withdrawal of the claim) with respect to the instant case, and to appoint an attorney for this purpose.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 18, 20 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendants asserted that the lawsuit of this case was unlawful on the ground that the Plaintiff lacks the capacity as deaf-mutes, and thus, the lawsuit of this case was filed by the person without legal capacity.

Subsequent to any procedural acts conducted by a person having defects in the granting of a litigation capacity, litigation capacity, or authorization required for the procedural acts, if the corrected party or legal representative ratified them, such procedural acts shall take effect retroactively from the time when they were conducted (Article 60 of the Civil Procedure Act). The fact that F is appointed as the plaintiff's limited guardian, the plaintiff shall conduct all procedural acts relating to this case and appoint a lawyer for this purpose from the court which issued the decision to commence limited guardianship.

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