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(영문) 창원지방법원밀양지원 2019.08.28 2019가단10059
소유권말소등기
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1. The defendant shall support the plaintiffs with Changwon District Court in relation to each of 1/5 shares of E large E 298 square meters.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and the F are children of the network G (hereinafter “the network”).

B. On July 2, 2018, the Deceased was hospitalized in the H care hospital on July 2, 2018 and received treatment.

C. As to the instant land owned by the deceased, the ownership transfer registration under Paragraph (1) of the disposition of the Defendant (hereinafter “instant transfer registration”) was completed on July 9, 2018 due to the donation (hereinafter “instant donation”).

The Deceased died on July 31, 2018, and there are the Plaintiffs, the Defendant, and the F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. Judgment as to the main claim

A. In light of the following circumstances, the gift of this case can be acknowledged that the gift of this case was made in a state where the deceased lacks the deceased’s mental capacity. Thus, the contract of this case is null and void, and the ownership transfer registration of this case is invalid registration.

1) Expression of intention means mental ability or intelligence that can be reasonably determined on the basis of normal perception and towing ability. The existence or absence of a mental capacity ought to be individually determined on the basis of a specific legal act (see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002). However, the medical records prepared in H convalescent Hospital are understood as being “I cannot easily understand the deceased without understanding even if I would know about his or her recognition disorder,” and on July 4, 2018, “I would like to understand that I would like to know about his or her recognition disorder, and make a simple statement that I would like to understand his or her situation.”

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