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(영문) 춘천지방법원원주지원 2017.09.14 2016가단36927

소유권이전등기

Text

1. The Defendants shall pay to the Plaintiffs each share stated in the separate sheet No. 1 among each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On August 3, 2009, a notary public prepared a testamentary deed (hereinafter “the will of this case”) stating that the deceased’s shares (as stated in the separate sheet: 68/231 shares, 68/231 shares, 1/2 shares, and 7 real estate listed in the separate sheet: total : 7 real estate indicated in the separate sheet) among each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the Defendants as a witness of the Notarial General Law Office No. 11115, a notary public prepared a testamentary deed (hereinafter “the will of this case”). The witness of the notarial deed of this case bears the signature and seal of F and G in the witness column of the notarial deed of this case.

B. On July 6, 2016, the Deceased died, and the Plaintiff A, B, C, H, and I (the father of the Defendant) jointly inherited one-five shares of the deceased’s property.

C. The Defendants completed the ownership transfer registration based on testamentary gift on September 26, 2016, No. 54673, which was received on September 26, 2016, with respect to each of the instant real property in accordance with the instant testamentary deed (hereinafter “instant registration”).

[Ground of recognition] Facts without dispute, Gap 1 through 4 (including branch numbers if there are branch numbers), the result of fact inquiry by a notary public of this court about the general law office in bad faith and the purport of the whole pleadings

2. The summary of the plaintiffs' assertion was that the deceased had no mental capacity at the time of preparation of the testamentary document of this case, and the testamentary document of this case did not meet the requirements and methods prescribed in Article 1068 of the Civil Code. Thus, the will is null and void, and the registration of this case based thereon is void.

Among each real estate of this case, the deceased’s share owned by the deceased was transferred equally to five co-inheritors, including the plaintiffs, according to their statutory share of inheritance.

Therefore, the Defendants are obliged to register the transfer of ownership based on the restoration of real name with respect to the shares listed in the separate sheet 1 among each of the instant real estate.

참조조문