1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 13, 2010, with respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”), the establishment registration of the mortgage was completed on September 13, 201, consisting of the debtor, the debtor, the mortgagee, the mortgageeD, the maximum debt amount of KRW 16.8 million, and on January 27, 201, the establishment registration of the mortgage was completed near the debtor, the mortgagee D, the maximum debt amount of KRW 24 million.

B. The provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) was completed on December 21, 201 by the Ulsan District Court No. 125700, Dec. 20, 201, for the apartment of this case, on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) on December 20, 201.

C. On July 21, 2017, E (sons of the Plaintiff) filed an application for commencement of adult guardianship proceedings with the Plaintiff as the Ulsan Family Court No. 2017-Ma5156.

On November 28, 2018, the above court commenced the procedure of adult guardianship for the plaintiff and decided to appoint B as an adult guardian.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 7, Eul evidence 1 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and its determination

A. The provisional registration of the Plaintiff’s assertion was made on the ground of the instant pre-sale agreement, which was concluded by the Plaintiff with no knowledge ability and thinking ability due to dementia in Albts-man’s disease. As such, the Defendant is obligated to implement the registration procedure for cancellation of the above provisional registration.

(b) decision-making capacity means mental capacity or intelligence that can reasonably determine the meaning or result of his act based on normal perception and towing;

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

(see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002). As to the instant case, health stand in place.