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1. The plaintiffs' primary and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 1 to 9 (including paper numbers).
The deceased F (hereinafter referred to as “the deceased”) died on October 1, 2016 as a person who owned each real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”). The Plaintiffs and the Defendant are the inheritors of the deceased’s children.
B. As to the instant real estate before the deceased’s death, the registration of transfer of ownership based on the donation on September 11, 2015 (hereinafter “the instant donation”) by the Head of the Daegu District Court No. 33226, Sept. 18, 2015, which was received on September 18, 2015 (hereinafter “instant donation”) is deemed as the “registration of the instant case.”
A. The completion was completed.
2. Judgment as to the main claim
A. At the time of the plaintiffs' assertion, the deceased had no mental ability to make a donation due to dementia, so the declaration of intent of the above donation and the registration of this case based thereon are null and void. The defendant must cancel the registration of ownership transfer completed with respect to 4/5 shares equivalent to the shares inherited among the real estate of this case.
B. Determination 1) In a case where a registration of ownership transfer is completed with respect to real estate in the relevant legal doctrine, the nominal owner of the registration is presumed to have acquired ownership based on legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted in the disputing party. “Legal capacity” refers to mental ability or intelligence that can reasonably determine the meaning or outcome of one’s act based on normal perception and towing power, and whether a person has a capacity to perform a legal act ought to be determined individually in relation to a specific legal act (see, e.g., Supreme Court Decision 2008Da58367, Jan. 15, 2009). The party asserting invalidation of a legal act on the grounds of his/her legal capacity bears the burden of proof (see, e.g., Supreme Court Decision 2008Da58367, Mar. 1