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(영문) 서울고등법원 2015.01.13 2014나2004789
상속재산반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, with respect to the plaintiffs' arguments, the following judgments shall be added.

2. Additional determination

A. The key point of the plaintiffs' assertion is that the court of this case changed the contractor and the maturity beneficiary of each insurance contract of this case to the deceased from the deceased with respect to the alteration of this case, claiming that the deceased's act was null and void as it was done under the status of his/her office ability, and based on the evidence corresponding thereto and the fact-finding results

B. Determination 1) Medical capacity refers to mental ability or intelligence that can reasonably be determined on the basis of normal perception and towing ability. The existence or absence of medical capacity ought to be individually determined on a specific legal act (see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002). In full view of the description “A”9, 11, 12, 17, and 18 (including paper numbers) and the results of inquiry into the National Health Insurance Corporation of this Court and the overall purport of oral argument, the deceased applied for long-term care benefits on Jun. 16, 2010, which was the first day of the filing of the instant application for change, and as a result, the deceased applied for the long-term care benefits on June 16, 2010, stating that there was a minor obstacle to the deceased’s memory and judgment, and that there was a serious obstacle to the deceased’s ability to change the deceased’s name and body name at the time of his visit.

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