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(영문) 대구지방법원 2019.02.15 2017가단116774
소유권말소등기
Text

1. On February 27, 2017, the Defendant received the registration office of the Daegu District Court on real estate stated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2017, A entered into a gift agreement with the Defendant, the South-North Korea, and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) (hereinafter “instant gift agreement”). On February 27, 2017, A signed and sealed the confirmation document (hereinafter “instant confirmation document”) among the transfer registration applications prepared by a certified judicial scrivener D on the transfer of ownership.

Accordingly, on February 27, 2017, the registration of ownership transfer was completed for the defendant on the ground of the gift contract of this case on February 27, 2017.

B. The Republic of Korea filed a petition for a trial to commence adult guardianship against A as the Daegu Family Court No. 2018 Madan10087.

On August 27, 2018, the above court commenced adult guardianship against A on August 27, 2018, and tried to appoint a plaintiff's attorney as an adult guardian for the management of property A, and the above judgment was finalized on October 5, 2018.

Plaintiff

A took over the lawsuit of this case while the lawsuit of this case was pending.

[Evidence] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, Gap evidence No. 3, Eul evidence No. 1-1, 3, Eul evidence No. 2, witness D's testimony and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion A entered into the instant donation contract with the incapable of performing his/her intent due to severe dementia, etc., and the registration of transfer of ownership in the Defendant’s name should be cancelled in the form of invalidation.

B. The Defendant’s assertion A visited the community service center with the Defendant’s children, etc. to obtain a certificate of personal seal impression, and sought explanation on the instant real estate donation from a certified judicial scrivener, and signed the instant confirmation document, etc. at the time of the instant donation contract.

3. Determination

(a) Relevant legal capacity means the mental ability or intelligence that can reasonably determine the meaning or result of the relevant legal doctrine based on normal perception and towing power.

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