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(영문) 서울중앙지방법원 2016.03.23 2015가합524287
소유권이전등기말소절차이행의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

Defendant B is a F F’s assistance, Defendant C is the spouse of Defendant B, and Defendant D and E are the children of Defendant B.

On February 26, 2015, the Defendants completed the share transfer registration (hereinafter “share transfer registration”) under Article 9509, which was received by the registry office of the Seoul Central District Court, on the ground of the gift dated February 14, 2015 (hereinafter “instant gift”) with respect to each of the instant real estate on February 26, 2015.

[Grounds for recognition] The facts without dispute, Gap evidence 2-1, the plaintiff's assertion of the purport of the whole pleadings, ① The donation of this case was concluded with the plaintiff aged 93 years old due to dementia due to Alznz's dementia. ② Even if it is not invalid, the defendants deceiving the plaintiff in a mental and physical state, and the plaintiff revoked the donation of this case by delivery of a copy of the legal brief dated November 13, 2015. Thus, the defendants are liable to implement each procedure for cancellation of the registration of transfer of share of this case to the plaintiff.

Judgment

In full view of the following facts: (a) the 1, 2, and 5 evidence (including the provisional parcel number distribution; hereinafter the same shall apply); (b) the result of the request for the examination of medical records to the head of the Ansan Hospital at the Korea National University; and (c) the result of the request for the examination of the medical records to the head of the Korea National University at the Korea National University; and (d) the overall purport of the oral argument, immediately after the instant donation, a doctor G conducted the examination of the clinical degree of dementia with the Plaintiff on March 16, 2015; (b) the Plaintiff received two points in the part of the judgment ability and the problem solving ability; (c) the points at issue resolution, similarity; and (d) the point at issue resolution means that “the most of the judgment ability in social life is damaged; and (d) G means that the Plaintiff or the head of the Korea National University at the Gangnam National University at the Korea National University at the Korea National University at the Korea National University at the Korea National University at the Korea National University at the Korea National University.”

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