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1. The defendant has caused the plaintiff to recover the real name of each one-half share of the real estate listed in the attached list.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant jointly succeeded to the deceased on May 26, 2014 by the decedent’s death as a child of Nonparty deceased C (hereinafter “the deceased”).
B. However, on April 3, 2014, the registration of ownership transfer was made to the Defendant on June 30, 2014 on the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased (hereinafter “the instant gift agreement”).
[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 5 (including attachment of provisional number; hereinafter the same shall apply)
2. Determination
A. The purport of the assertion is that the donation contract for each real estate of this case was concluded under the condition that the deceased had no mental capacity, and thus, the defendant asserts that the plaintiff should implement the registration procedure for transfer based on the restoration of real name as to each real estate of this case.
As to this, the defendant expressed his intention of donation on the real estate of this case to the defendant before suffering from dementia orally at least twice, and expressed his intention to donate the real estate of this case to the defendant continuously during the period of suffering from dementia. In particular, at the time of the donation contract of this case, the defendant asserts that the status of the deceased was improved, and each of the real estate of this case was donated to the defendant.
B. In light of the following circumstances, the deceased, at the time of the instant donation contract, was deemed to have no capacity to perform his/her duties, in light of each description of evidence Nos. 5 and 11.
① On February 21, 2012, the Deceased was diagnosed as falling under high-level dementia that most of his/her judgment ability in social life is damaged because he/she has a serious impediment to resolving problems, similarity, and interpreting wounds, and he/she was diagnosed as falling under multi-cerebral cerebral cerebral cerebrovascop, ephal cerebral typhism, multi-sexual typosis, and ephical typosis at maturity.