beta
(영문) 광주지방법원 2020.02.13 2019가단9564

소유권이전등기

Text

1. The Defendants, together with the Plaintiff, shall be the joint executor of the net B’s joint executor, indicated in the attached list.

Reasons

1. Basic facts

A. B (hereinafter “the deceased”) died on July 11, 2009, and his heir is the Plaintiff and the Defendants.

B. The Plaintiff is the owner of 337 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “instant land”) who is the site for the building indicated in the attached list (hereinafter “instant building”), and the Plaintiff newly constructed the instant building on the instant land and completed the registration of ownership preservation in the Plaintiff’s name on August 23, 1996.

C. On April 19, 2007, the Plaintiff completed the registration of ownership transfer in the name of the Deceased on the ground of donation on the same day.

On April 26, 2007, the Deceased prepared a testamentary document in which the Deceased bequeathed the building of this case to the Plaintiff (hereinafter referred to as the “notarial deed of this case”) at the request of the Deceased, who was the birth leader, and at that time I attended the building as the executor.

E. After the death of the deceased, the Plaintiff filed an application for the appointment of an executor with the Gwangju Family Court (the same court 2018Radan1689), and on April 26, 2019, the above court dismissed the Plaintiff’s claim on the ground that “I as an executor died on September 27, 2008, the deceased died on July 11, 2009 without designating a new executor or entrusting the designation to a third party. The deceased’s heir was the deceased’s joint executor pursuant to Article 1095 of the Civil Act. As the deceased’s joint executor is to be the deceased’s joint executor pursuant to Article 1095 of the Civil Act, since the case does not constitute a case where there is no executor, and thus the court cannot arrange for a new executor.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff and the Defendants, as joint executors of the deceased, are obligated to implement the registration procedure for ownership transfer on April 26, 2007 for the building of this case according to the Notarial Deed of this case.

참조조문