1. The defendant shall be the plaintiff.

(a) The Seoul Northern District Court with respect to the 3/5 share of the real estate listed in Attachment List No. 1.

1. Basic facts

A. D’s death and (i) his heir died on September 30, 2017, and there was the Plaintiff who was his/her heir’s child.

on October 17, 2016, the Plaintiff was ordered to commence adult guardianship to appoint an adult guardian as B, who is the mother, from the Seoul Family Court (2016 Madan7334).

B. On September 29, 2017, the registration of transfer of ownership in the name of the Defendant was completed on September 28, 2017 with respect to shares of 3/5 (hereinafter “instant real estate”) among the real estate listed in the separate sheet owned by the deceased’s owner (hereinafter “each of the instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant asserts that the instant lawsuit was unlawful as it was filed by the Plaintiff’s adult guardian B without the permission of the court. Thus, according to the Plaintiff’s adult guardian B’s statement No. 7, it can be acknowledged that the Plaintiff’s adult guardian B obtained permission for the instant lawsuit from the Seoul Family Court (2017 Gadan9050) on November 16, 2017. Thus, the Defendant’s above assertion is without merit.

3. The parties' assertion and judgment

A. (i) The registration of each transfer of ownership of the Plaintiff in this case must be cancelled as the registration of invalidity of cause caused by the gift contract made under the condition of the deceased’s defectiveness.

B. The registration of transfer of ownership of this case is valid because the Defendant Deceased had the capacity to express his will at the time of donation contract.

나. 인정사실 ⑴ 망인의 상태 ㈎ 망인은 2017. 9. 22. 말기암으로 서울 동대문구 E 소재 F병원에 입원하였는데, 입원 이후 계속적인 통증을 호소하였고, 2017. 9. 28. 당시 전신통증(NRS : Numeric Rating Scale) 5점으로 통증 때문에 일상생활의 행동이 상당히 제약을 받는 상태였다.

㈏ 망인은 입원 이후 위와 같은 통증을...