Winning a suit to cancel a title transfer registration by challenging the validity of a real estate gift made by an elderly dementia patient

A dispute arose among the heirs over the validity of a gift contract after their elderly mother, shortly before her death, gave a share of real estate to one of her children. Attorney Jaehoon Lee represented seven heirs in a suit to cancel the ownership transfer registration, arguing that the gift contract was void.

The main issues were whether the decedent, who had Alzheimer's disease at the time of the gift, had the mental capacity to reasonably understand the meaning and consequences of giving away real estate, and whether a gift contract made without mental capacity could be treated as void so as to support a claim to cancel the ownership transfer registration.

Attorney Lee analyzed the decedent's medical records and the course of hospitalization and treatment, obtained a medical opinion from a neurologist, and built the argument on her mental capacity at the time of the gift.

Through the examination of the relevant witnesses, he also established the decedent's condition and the circumstances of the gift at the time, and impeached the credibility of the opposing side's witness by pointing out contradictions between that witness's testimony in court and earlier statements and recorded transcripts. In this way, he organized the evidence supporting the invalidity of the gift contract and pressed the client's arguments in the litigation.

The court granted the plaintiffs' claims and ordered cancellation of the ownership transfer registration.