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(영문) 창원지방법원진주지원 2017.09.07 2015가합307

소유권이전등기

Text

1. The Plaintiff:

A. The Defendants are 175,494,710/701,978,838.

Reasons

1. Basic facts

(a) Status 1 of the Party D (hereinafter referred to as “the Deceased”)

In marriage with the network E, the Defendant C died without his spouse and children on July 21, 1978. The deceased died on May 24, 2001 in the state of J, K, L, and M, and the deceased died on Nov. 6, 2004; the deceased died on April 29, 201.

B. The Deceased’s testamentary gift and gift 1) On January 24, 2005, the Deceased completed the registration of ownership transfer for each real estate listed in [Attachment 1] Nos. 1 and 2 on the ground of donation to Defendant B, and each real estate listed in [Attachment 1] Nos. 3 and 4 on November 11, 2009 on the ground of donation. 2] The Deceased completed the registration of ownership transfer for each real estate listed in [Attachment 2] on November 11, 2009 to Defendant C on the ground of donation.

3) On September 26, 2009, the Deceased prepared a testamentary gift with the content of the testamentary gift of each of the real estate listed in the separate sheet No. 3 to the Defendants. The inheritors of the Deceased, from the Jinwon District Court, on July 12, 2011, after completing the approval approval procedure on the testamentary gift, whether the testamentary gift is a universal testamentary gift or a specific testamentary gift shall be determined according to the will of the testator who was examined comprehensively taking into account the language used in the will and the other all circumstances. In ordinary cases, the testamentary gift is a specific testamentary gift, unless otherwise, even if it is deemed that the testamentary gift is a specific testamentary gift, the fact that the testamentary gift was individually indicated in the testamentary deed, etc., cannot be readily concluded to be a specific testamentary gift, and if it is deemed to have no other property by examining how all the testamentary gift remains (see, e.g., Supreme Court Decision 2004Da57014, Mar. 11, 2005).