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(영문) 수원지방법원여주지원 2014.06.11 2013가단13650
소유권이전등기 말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children of the deceased A (hereinafter “the deceased”), and the defendant is H’s father who was in a de facto marital relationship with the deceased.

B. The Defendant completed the registration of ownership transfer as the Suwon District Court No. 45729, Sept. 25, 2009, based on the sale and purchase on August 24, 2009 (hereinafter “the instant sales contract”) with respect to each of the instant real estate owned by the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The plaintiffs asserted that the sales contract of this case between the deceased and the defendant is null and void in the status of the plaintiff's work ability.

Shedic mental capacity means mental ability or intelligence that can be reasonably determined on the basis of the meaning or result of his act based on normal perception and towing ability, and the existence of his capacity should be determined individually in relation to specific legal acts.

(See Supreme Court Decision 2001Da10113, Oct. 11, 2002). According to each description, the Deceased’s evidence Nos. 2, 4, and 5 (including the provisional number) (including the paper number) was written by the deceased, the deceased received medical treatment from I to I due to the symptoms of unknown dementia on May 3, 2008, and on September 29, 2010, the fact that the deceased was diagnosed by JWnz’s dementia in Alhz’s disease is recognized.

However, the following circumstances, which are considered to be comprehensively taken account of the overall purport of the arguments, namely, ① detailed dementia treatment for the Deceased was conducted once, and even thereafter, the Deceased continued to receive medical treatment at the IO branch where the said diagnosis was conducted, but no detailed dementia treatment was provided, and ② even in the case of Albimer’s Albimer’s dementia, the patient does not always have the ability to receive medical treatment. Thus, the conclusion of the instant sales contract was one year prior to the Deceased’s Albimer’s disease.

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