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(영문) 대구지방법원 2018.10.30 2016가단117718

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on January 20, 2010 as the father of the Plaintiff. Defendant B is the Plaintiff’s punishment, Defendant C is the Plaintiff’s punishment, Defendant C is the Plaintiff’s punishment, and Defendant D is the Plaintiff’s gender.

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was originally owned by the deceased. On February 22, 2002, the deceased drafted a testamentary document stating that a notary public bequeathed the instant real estate to the Plaintiff as a law firm F Deed No. 1032 on February 22, 2002.

C. In addition, on January 31, 2005, the Deceased drafted a testamentary statement against the Plaintiff stating that “if the deceased died, he shall dispose of the property as notarized, and one third of them shall be divided to someone else regardless of the authentication.”

In addition, on March 25, 2008, the Deceased prepared a confirmation document stating that “The building among the instant real estate is owned by the Plaintiff at its expense, and the Plaintiff increased the value of the property by making a lot of money and purification in the instant real estate, and supported the Deceased’s husband and wife, which would have a great contribution to the Plaintiff.”

E. After August 8, 2008, the Deceased drafted a testamentary notarial deed (hereinafter “instant testamentary notarial deed”) which bequeathed the instant real estate to Defendant B by a notary public, No. 341, G 2008, a law firm G 2008.

F. Defendant B completed the registration of ownership transfer based on testamentary gift on January 28, 2010, and Defendant C, his wife, completed the registration of ownership transfer based on gift on February 18, 2010. Defendant D, his wife, completed the registration of ownership transfer based on the gift on the said gift on February 18, 2010. Defendant D, his wife, completed the registration of ownership transfer based on the gift on June 28, 2010.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the testamentary certificate of this case was presented is the deceased.