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(영문) 대구지방법원 2020.09.08 2020나305261

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and the first instance court Plaintiff B are F’s children.

B. The F died on November 6, 2017.

C. Of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased F as at the time of the death, the registration of ownership transfer was completed on November 6, 2017 by the Plaintiff, the Defendants, and the Plaintiff of the first instance court, respectively, as at the time of the registration of each of the Daegu District Court, No. 26521, Feb. 14, 2018.

On the other hand, on August 12, 2013, a testamentary deed was drawn up by a notary public on August 12, 2013, stating that the Deceased shall testamentary gifts of each of the instant real estate to the Plaintiff and the Plaintiff B of the first instance trial.

(hereinafter “this case’s notarial deed”). 【No dispute exists concerning the ground for recognition, entries in Gap’s 1 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. On August 12, 2013, the gist of the Plaintiff’s assertion was bequeathed to the Plaintiff and the Plaintiff at the first instance trial B.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to shares of 1/10 of each of the instant real estate to the Plaintiff.

B. The summary of the Defendant’s assertion is that the notarial deed of this case, as the deceased suffers from dementia at the time, has understood the content of the will and has been prepared under a state without ability to save it, and thus, is null and void as it fails to meet the requirements of Article

Therefore, a will by the Notarial Deed of this case is invalid.

3. Determination

(a) In the case of a will by an authentic document of Article 1068 of the Civil Code, the testator must orally state the tenor of the will before a notary in the presence of two witnesses and read it before the notary, and then the testator and each of the witness must sign or affix their names and seals after approving it to be correct;

Here, "the acceptance of the purport of a will" refers to the delivery of the contents of a will to the other party by oral means.

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