소유권말소등기
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows, except where the defendants added the judgment of the court of first instance to this case under Paragraph (2). Thus, this part of the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 42
2. Determination on the defendants' main defense
A. The Defendants asserted as follows: (a) on September 15, 2003, the deceased drafted a testamentary document designating R with the content of a testament by testamentary gift of 30/100 shares among each of the instant real property to Defendant B, and 70/100 shares to J; and (b) on the ground that in a lawsuit seeking cancellation of another registration that interferes with the execution of a testament which has been completed with respect to the testamentary gift, only the executor has standing to sue; and (c) the lawsuit filed by the Plaintiff, other than the executor, is unlawful as the lawsuit filed by a non-party-qualified person.
B. Determination 1) According to the evidence No. 20 No. 20, it is recognized that the deceased prepared a testamentary document (No. 1230 of the document No. 201 by a notary public, law firm S, No. 1230 of the document) that designates R as executor on September 15, 2003, among the real estate No. 1, No. 2, No. 70/100 among the real estate No. 4 of the case No. 1, No. 2, and No. 4 of the case, the Defendants’ defense of this case is limited to the real estate No. 1,2, and No. 4 of the case.
(2) However, the testator may at any time withdraw the whole or part of his will by will or act of birth (Article 1108(1) of the Civil Act). According to each description of the evidence Nos. 9 and 10 (including the serial number; hereinafter the same shall apply) in this case, the testator is recognized as having prepared a notarial deed (Article 484 of the above Office Document No. 2016, Mar. 22, 2016) stating that the Deceased would withdraw the entire will recorded in the notarial deed by taking witness T and U and visiting a notary office and visiting a notary V office on March 22, 2016.