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(영문) 수원지방법원안양지원 2014.10.23 2013가단26881
소유권이전등기
Text

1. The Plaintiff, among the real estate listed in the separate sheet, Defendant B, with respect to the share of 3/11, Defendant D and E, respectively.

Reasons

1. Determination as to the claim against the defendant B, D, and E

(a) Claim for ownership transfer registration on the ground of a private donation on December 26, 2012, in the real estate listed in the attached list for the indication of the claim;

(b) Judgment by deeming confessions to be made, Articles 208(3)2 and 150(3) of the Civil Procedure Act

2. Determination as to the claim against Defendant C

A. Comprehensively taking account of the overall purport of the pleadings, evidence Nos. 1 and 4 as a whole, on December 26, 2012, F drafted a will letter with the purport that the Plaintiff will donate and inherit the real estate listed in the attached Table (hereinafter “instant real estate”) to the Plaintiff. Accordingly, F as a testator, as the Plaintiff’s witness and heir, the Plaintiff was a witness and the heir, and the Defendant B died on March 12, 2013 as the witness (hereinafter “instant gift contract”), and ② F died on March 12, 2013, and the heir was the Defendant B, the wife, and the Defendants, the child.

B. The plaintiff asserts that the defendant is obligated to implement the procedure for ownership transfer registration based on private donation on December 26, 2012 with respect to the defendant's share 2/11 of the real estate of this case among the real estate of this case to the plaintiff according to the gift contract of this case, and the defendant asserts that the contract of this case is null and void and thus the plaintiff cannot accept the plaintiff's claim

C. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 9 and 10 evidence, the fact that F suffered from dementia with K-MMS 12 points and GDS 6 points at the time of the gift contract in this case is recognized, together with the fact that G professional examiners at the time of preparing the F's will, at the time of preparing the F's will, there is a high possibility that the F's decision-making ability would be impeded, and that F's MF work is hindered, and the F's MF points 6 points are suspected to be included in non-proof, and that there was a decrease in the understanding ability on December 14, 2009.

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