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(영문) 서울북부지방법원 2014.11.27 2013가단413
소유권이전등기 경정
Text

1. The defendant against the plaintiffs

A. As to the real estate listed in the attached list 1, Incheon District Court's reinforcement registry office shall be October 2012.

Reasons

1. Basic facts

A. Nonparty I (Jin, hereinafter “the deceased”) died on December 11, 2012 as the father of the Plaintiffs and the Defendant, who died due to the acute waste.

B. On July 13, 2012, each real estate listed in the separate sheet (hereinafter “instant real estate”) was subject to the gift on July 13, 2012 (hereinafter “instant gift agreement”), and the ownership transfer registration was made under the name of the Defendant.

Attached Form

With respect to the real estate listed in the list 1, the Incheon District Court's reinforcement registry office was No. 25502, Oct. 9, 2012, and the Incheon District Court's reinforcement registry office was No. 1836, Jul. 13, 2012, with respect to each real estate listed in the list 2 and 3.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1, 2-1 to 3, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The contract of this case concerning the plaintiffs' assertion is null and void since it was made in a state without the deceased's mental capacity, and each registration of transfer of ownership of this case based on this is null and void as it has caused the cause of registration.

In addition, each transfer registration of ownership in this case is also invalid because it was made in violation of Article 29 of the Registration of Real Estate Act.

B. (1) The Deceased was diagnosed at the Seoul National University Hospital on July 26, 2003 as a dementia. After being treated at the above hospital, the hospital was receiving treatment, but the symptoms worse, and was diagnosed as brain flady, high-pin et al. around March 31, 2010.

(B) On March 7, 2011, the Deceased National University Hospital rendered a judgment of class 1 of class 1 (20 points for the cerebral Spona deae index) on the ground that it is entirely necessary to assist others in carrying out pedestrian and all daily activities at the Seoul National University Hospital. On June 1, 2012, the deceased is stroke at the above hospital.

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