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(영문) 전주지방법원군산지원 2016.08.12 2015가단55248
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate list of real estate (hereinafter “each of the instant real estate”) was owned by the original network C (hereinafter “the deceased”). The Defendant completed the registration of transfer of ownership on October 8, 2007 with respect to the instant 1 and 3 real estate as the receipt of No. 49518 of the Jeonju District Court Doksan Registry on October 8, 2007 due to the gift on October 8, 2007, and completed the registration of transfer of ownership as to the instant 2 real estate by the Jeonju District Court Doksan Registry on December 28, 2005.

B. The Deceased died on October 10, 2007, and the Deceased’s inheritor is the Plaintiff, the Defendant, D, and E, who are their children.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 3-1, 2-2, and the purport of the whole pleadings

2. Although the Plaintiff’s assertion did not sell or donate each of the instant real estate to the Defendant (around that time, the Defendant lost the capacity to make a decision due to dementia symptoms, etc.), the Defendant completed the registration of ownership transfer due to sale or donation of each of the instant real estate. This is invalid because it was made without relation to the deceased’s intent.

Therefore, the Defendant is obligated to implement the procedure for cancellation of ownership transfer registration with respect to the Plaintiff’s share of 3/4 with the exception of the shares duly inherited by the Defendant among the instant real estate.

3. When the Defendant received the registration of ownership transfer from the Deceased for each of the instant real estate from the Deceased, the Defendant was suffering from dementia at the time of the Deceased’s death on the basis of the descriptions in the Health Team, the evidence No. 4-1 and No. 2, and witness D’s testimony as to whether the Deceased had no capacity to perform the registration of ownership transfer, and only can it be recognized that the Defendant died after being hospitalized in the Mine University Hospital on October 7, 2007, and was discharged from the hospital without capacity.

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