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(영문) 서울중앙지방법원 2015.04.23 2013가합563578

유류분반환

Text

1. The defendant 3.4 of the real estate in the attached list 1, 2 and 3.4 of the real estate in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on November 26, 2012, and the inheritor is the Plaintiff, D, and Defendant, who is the deceased’s children.

B. On April 5, 2012, a notary public drafted a testamentary deed stating that “the testator shall testamentary gift to the Defendant (hereinafter “notarial deed of this case”) of the real estate title 3/9 of the real estate title 1, 2, and 3/9 shares in the attached list of the real estate title 3, 4, and 3/9 shares in the attached list (hereinafter “instant testamentary gift”).” (hereinafter “notarial deed of this case”).

C. On December 18, 2012 after the deceased died, the Defendant completed the registration of ownership transfer based on legacy on November 26, 2012.

[Reasons for Recognition] Unsatisfy, Gap 3 through 8, Gap 34

2. Summary of the plaintiff's cause of claim

A. The notarial deed of this case is null and void because it was made in a state without the deceased’s mental capacity or lacks the method of will as prescribed by law.

In addition, the defendant, without any inconvenience until the death of the deceased, promised to invalidate a will in the event of a violation by taking responsibility and care of the deceased without any inconvenience. Since the defendant violated the above pledge by failing to properly look at the deceased, the will against the defendant is null and void.

Therefore, since the registration of ownership transfer that the Defendant completed on November 26, 2012 due to testamentary gift is also null and void, the Defendant is entitled to the Plaintiff’s registration of ownership transfer as to 1/2 shares based on the premise that the Defendant was excluded from the heir because the 1/2 share of the instant testamentary gift is null and void.

There is an obligation to implement the procedure for ownership transfer registration due to the restoration of each authentic title.

(State Claim). (b)

Even if a notarial deed of this case is valid, the deceased.