beta
(영문) 부산고등법원(창원) 2015.07.09 2015나20073

소유권이전등기말소등

Text

1. The appeal against the plaintiffs' primary claim is dismissed.

2. The plaintiffs' conjunctives added at the trial.

Reasons

1. Basic facts

A. The parties concerned Plaintiff A are the co-winds of the net F (hereinafter “the deceased”). Plaintiff B, C, and the network D are the sculptures of the deceased, and Plaintiff J (the deceased’s spouse of the network D), K, L, and M (the children of the network D) are the successors of the network D.

The defendant is the mother of the deceased and is the only heir of the deceased.

B. I would like to practice the deceased’s will book as Franc book on April 27, 2002.

If you die, N andO land will be transferred to the future of A, B, C, and D. H collection, P rice and Qedle are mutually recorded, and the remainder will be used as funeral expenses within the country.

On April 27, 2002, the deceased resident registration number RF prepared a will book (A No. 4, hereinafter referred to as the “instant will book”) with the following contents as his own pen, and the plaintiff C kept the above will book from around that time:

C. The deceased’s death and the Defendant’s deceased’s inheritance died on April 11, 2014, and the Defendant completed the registration of ownership transfer or registration of ownership preservation on April 21, 2014 as to each real estate listed in the separate sheet that was owned by the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Judgment as to the main claim

A. On April 27, 2002, the plaintiffs asserted that they will make a will pursuant to a self-written document stating that they testamentary gift of each real estate listed in the separate sheet Nos. 4 and 6 (hereinafter "the real estate of this case") to the plaintiffs. Each registration made in the name of the defendant with respect to the real estate of this case constitutes a registration of invalidity of cause contrary to the deceased's will, and thus, should be cancelled.

B. Article 1065 or 1070 of the Civil Code provides strict method of will to clarify the will’s intention and prevent legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is authentic of the testator.