1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The deceased C (hereinafter “the deceased”) married with E as D and had children F, Defendant, G, and Plaintiff as his/her children, and died on August 26, 2017.

B. The shares of each real estate listed in the separate sheet were owned by the deceased, and the ownership transfer registration under the name of the Plaintiff was completed (hereinafter “instant transfer registration”) on October 15, 2012 due to the Plaintiff’s donation (hereinafter “instant donation”) from No. 67798, Sept. 28, 2012, which was received on October 15, 2012 by the Suwon District Court, Ansan Branch Office in the Sinsan Branch of the Seoul District Court.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. At the time of the instant donation, the Deceased was in the state of having no mental capacity, such as hospitalization in the hospital due to dementia.

Therefore, since the gift contract of this case is null and void as it was made without a capacity, the registration of transfer of this case should be cancelled accordingly.

3. Determination

(a) relevant legal capacity means a mental capacity or intelligence that can reasonably determine the meaning or result of the relevant legal doctrine based on normal perception and towing power;

Whether or not there is capacity to act should be judged individually in relation to specific legal acts.

(see Supreme Court Decision 2001Da10113, Oct. 11, 2002). The party asserting invalidation of a legal act on the ground of his/her capacity to perform his/her duties bears the burden of proof as to the legal act.

(Supreme Court Decision 2009Da53093, 53109 Decided March 13, 2014). B.

Judgment

1) At the time of the instant donation contract, the deceased was hospitalized in the Incheon Metropolitan City Dementia Care Hospital as a dementia disease at the time of the instant donation contract, and the fact that the deceased was diagnosed with minor recognition disabilities and symptoms on April 13, 2012 is not disputed between the parties, or may be acknowledged by comprehensively taking account of the overall purport of each of the above evidence. However, the record Nos. 1-6 and the record appraisal of the H Association chief of this court is entrusted.