logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2017.08.24 2017가합5187
소유권말소등기
Text

1. Defendant G: (a) KRW 45,809,216 for Plaintiff A, B, C, and F; (b) KRW 9,542,473 for Plaintiff D; and (c) KRW 14,460,230 for Plaintiff E; and

Reasons

1. Basic facts

A. The Plaintiffs and Defendant G are children of I, and Defendant H are children of Defendant J.

B. While I owned the real estate listed in the separate sheet 1 and the separate sheet 2, on December 14, 2015, the registration of ownership transfer under the name of the Defendant G was completed for the following reasons: (a) the registration of ownership transfer under the name of the Defendant was made on December 7, 2015 on the ground of donation under Article 83284 of the receipt of the original branch court of Chuncheon District Court on December 14, 2015; (b) the registration of ownership transfer under the name of the Defendant G was made on the same ground under Article 24827 of the receipt of the receipt of the original branch court of Chuncheon District Court on the real estate listed in the separate sheet 1 list 2 list; and (c) the registration of ownership transfer under the name of the Defendant H for the same reason (hereinafter collectively referred to as the “each transfer of ownership”).

C. On March 7, 2016, I died, and the Plaintiffs and Defendant G inherited one seventh of each of the property of I.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Judgment on the grounds of the primary claim by the plaintiffs

A. The gist of the Plaintiffs’ assertion is that: (a) on December 7, 2015, the respective real estate listed in the separate sheet No. 1 to Defendant G; and (b) each donated real estate listed in the separate sheet No. 2 to Defendant H (hereinafter collectively referred to as “each of the instant gift agreements”) was made in a state with no mental capacity and is null and void

Therefore, the part concerning the plaintiffs' statutory share of shares among the registration of ownership transfer of this case should be cancelled as a cause invalidation.

(b) The primary ability to make a determination refers to the mental ability or intelligence that can reasonably be determined based on normal perceptions and towing capabilities, and the existence or absence of a capacity to make a determination must be individually determined in relation to specific legal acts.

arrow