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(영문) 서울고등법원 2015.12.01 2015나2006799
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Claim.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, the part of the first instance court’s 7 pages 8 (from July 13, 2004 to 13) and the part of the last 7 pages, 3) and 4 (from July 13, 2004 to 7 pages), are deleted (the Plaintiff recognized the authenticity of No. 8-1 and 2) and the major issues of the instant case as follows.

2. Additional determination

A. As to the invalidity of the registration of the transfer of this case, the following circumstances can be acknowledged by comprehensively taking into account the descriptions as stated in Gap 4, 6, 22, and 23 and the purport of the entire arguments. ① The deceased was diagnosed with Albuses and blood-related dementia on or around March 2001, and his recognition ability has gradually deteriorated, making it difficult for the defendant to make a normal judgment due to severe dementia. ② The defendant prepared documents necessary for the registration of the transfer of this case and completed the registration of the transfer of this case around June 2003, when the deceased was in severe dementia, and ③ the plaintiff asserted that the registration of the transfer of this case was made under the above Article, and the defendant had his capacity to use the above documents under the name of the deceased, such as the forgery of private documents, and thus, the defendant's signature and seal impression was considerably insufficient to recognize the registration of the transfer of this case on or around June 2003.

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