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(영문) 수원지방법원 2018.02.22 2017나60222
소유권이전등기말소
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. D reported marriage with F in 1954, and sent the plaintiffs to F as children between F and F.

Since then, D had the defendant in a mixed manner between G and G.

B. On November 5, 2015, a certified judicial scrivener E prepared on November 6, 2015, each of the real estate listed in the separate sheet owned by D (hereinafter collectively referred to as “instant real estate”), with respect to the application for registration of a sectioned building, the transfer of ownership (No. 5-1) was recorded as the reason for registration, and as the reason for registration, “the gift on November 5, 2015 (hereinafter referred to as “the ground for registration indicated as above”)” was written as the “donation.” As prescribed in Article 51 of the Registration of Real Estate Act, a certified judicial scrivener, who is an agent of the applicant for registration, was delegated to D as the applicant for registration, was written (No. 5-4). The aforementioned confirmation document was signed with the seal affixed by D.

C. On November 6, 2015, the Defendant completed the registration of ownership transfer in the name of Suwon District Court (hereinafter “instant registration of ownership transfer”) under No. 4582 on the ground of the instant donation agreement.

D died on November 12, 2015, and it is called "the network of the plaintiffs (hereinafter referred to as "the network")".

(iii) legal successors of the Party A. [based on recognition] are non-satisfy, Gap evidence 1, 4, and Eul evidence 5 (including each number, the purport of the whole pleadings).

2. Determination as to the cause of claim

A. At the time of entering into the gift contract of this case, the Plaintiffs, the summary of the parties’ assertion, were in a state of their clerical capacity, such as where they were unable to properly see and communicate with severe fathers, and where they were unable to understand the meaning of the gift contract of this case or to affix a seal on their own.

Therefore, the gift contract of this case was concluded not only in the state of the deceased's lack of mental capacity but also in violation of social order.

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