(영문) 청주지방법원 2016.06.08 2014가합27439

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(영문) 청주지방법원 2016.06.08 2014가합27439

근저당권말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 24, 2013, the Defendant lent KRW 120,000 to the deceased (hereinafter “the deceased”) (hereinafter “the loan agreement”). On June 19, 2013, the Defendant concluded a mortgage agreement on real estate recorded in the separate sheet (hereinafter “each of the instant loan agreement”) for the purpose of securing the foregoing loan claims with the deceased, and completed the registration of the Cheongju District Court and the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage”) on June 19, 2013 as the Act No. 82833, Jun. 19, 2013.

B. At the time of the conclusion of each of the contracts of this case, L of the Deceased stated “Wil” as “Wil” and written each of the contracts on behalf of the Deceased on behalf of the Deceased, and each of the above contracts affixed a seal imprint affixed to the deceased with his seal affixed thereto.

C. The Deceased died after the instant lawsuit was filed, and the Plaintiffs are their successors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 4, the purport of the whole pleadings

2. Each of the instant contracts asserted by the plaintiffs: ① the deceased was a son, and was suffering from alcohol dementia at the time of conclusion of the instant contract; and thus, each of the instant contracts was null and void as it was concluded by the deceased under the status of his/her work ability; ② Each of the instant contracts constitutes invalid as it was concluded by LA on behalf of the deceased without the authority to act on behalf of the deceased; and thus, there is no loan obligation under the instant loan agreement against the defendant against the deceased, who is his/her heir, and the defendant is obligated to perform the procedure for cancellation of registration of cancellation of the establishment registration of a mortgage near the instant contract to the plaintiffs.

3. Determination

A. The capacity to judge the assertion of capacity to work refers to the mental ability or intelligence that can reasonably determine on the basis of the meaning or outcome of one’s act based on normal perception and towing power.

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