소유권말소등기
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.
1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for modification as follows. Thus, this case is quoted pursuant to Article 420 of the Civil Procedure
(A) The fact-finding and judgment of the first instance court shall be reasonable even if both the Plaintiff and the Defendant’s arguments and the evidence presented by the court are examined. In the second sentence of the first instance judgment, the “case where a cause of inheritance is issued” in the third sentence in the table of the second sentence shall be amended to “case
On the 5th page of the first instance judgment, the following shall be added.
No. 1 of the No. 1 of the instant testamentary document submitted by the Defendant (a copy of the written will; hereinafter referred to as “instant testamentary document”).
The procedure of approval was not carried out, and the validity of the will of this case cannot be recognized because it is unclear whether the will of this case was drawn up by the deceased’s writing. Thus, the ownership transfer registration of this case, consistent with the contents of the will of this case, is not consistent with the substantive relationship.
However, in full view of the following facts and circumstances acknowledged by comprehensively taking account of each evidence mentioned above and the statements mentioned in Nos. 1 through 6, the testamentary document of this case can be recognized as effective as a written will document prepared by the deceased.
The plaintiff's above assertion based on a different premise is rejected.
The approval seal of the court on a testamentary document stipulated in Article 1091(1) of the Civil Act, which is the procedure to prevent forgery or alteration and to preserve it clearly, is not the procedure to judge the validity of the testamentary document, but merely provides the opening procedure when the sealed testamentary document is sealed. The legitimate testamentary document becomes effective immediately by the death of the testator, and its effect is affected by the approval seal or opening procedure.