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(영문) 대구지방법원 2018.09.19 2018나306582
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The instant land was owned by the Plaintiff. On January 28, 2016, Daegu District Court Decision 2786, the receipt of the instant land on January 28, 2016, and the registration of ownership transfer under the Defendant’s name (hereinafter “instant registration of ownership transfer”) was completed on January 27, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 evidence, purport of the whole pleadings

2. The defendant's defense of this case is a defense to the effect that the plaintiff was appointed a legal representative, unlike the plaintiff's truth, in a situation where the plaintiff was unable to make a decision because he/she was unable to have a mental health due to dementia, and thus the lawsuit of this case was instituted.

In light of the following facts and circumstances, the mental ability means the mental ability or intelligence that can reasonably be determined based on the meaning or outcome of one’s own act on the basis of normal perception and towing ability. The effect of the litigation conducted by a person without mental capacity is to be determined by individual litigation by taking into account various circumstances, such as the degree of his/her mental capacity, the nature and effect of the pertinent litigation conducted (see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002), evidence No. 3, and evidence No. 1 (including virtual numbers) as a whole, and the overall purport of the pleadings in the following facts and circumstances; (1) The Plaintiff was diagnosed under the overall name of “Seme’s Altitude’s disease; 2.0 U.S. Hospital affiliated with the Plaintiff’s University on February 11, 2016; 3.0.0.0.0.

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