Representative matter, Civil & Commercial Litigation. Handled by Jaehoon Lee, Managing Attorney
Overview
Shortly before her death, an elderly mother gifted a share of real estate to one of her children, and a dispute arose among the other heirs over whether the gift was valid. Attorney Jaehoon Lee represented seven heirs in a suit seeking cancellation of the ownership transfer registration on the ground that the gift contract was void.
Issues
The key issues were whether the decedent, who was suffering from Alzheimer's disease at the time of the gift, had the mental capacity to reasonably understand the meaning and consequences of gifting the property, and whether a gift contract made without such capacity could be treated as void so that cancellation of the ownership transfer registration could be sought.
Our Work
Attorney Lee analyzed the decedent's medical records and the course of her hospitalization and treatment, and obtained a medical opinion from a neurologist to build the argument on her mental capacity at the time of the gift.
Through the examination of witnesses, he also established the decedent's condition and the circumstances of the gift, and impeached the credibility of the opposing side's witness by pointing out contradictions between the witness's testimony in court, prior statements and recorded transcripts. On that basis he organized the evidence supporting the invalidity of the gift contract and pressed the case actively in court.
Result
The court granted the plaintiffs' claims and ordered the cancellation of the ownership transfer registration.
Related practice: Civil & Commercial Litigation