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(영문) 서울서부지방법원 2020.11.18 2019가합39119

유언무효확인 등

Text

The main claim in the lawsuit of this case shall be dismissed.

2. The preliminary claim of this case is dismissed.

3...

Reasons

1. Basic facts

A. On August 20, 1956, the deceased E (hereinafter “the deceased”) married with Defendant D on August 20, 1956, 2 South and North Korea (F, G, H, and Plaintiff).

B. On October 8, 2009, the Deceased was hospitalized in the Repulmonary pulmonary pulmonary Zine, and on October 20, 2009, the Deceased drafted a testamentary document in which each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is bequeathed to Defendant D (hereinafter “notarial deed of this case”).

C. On December 11, 2009, Defendant D completed the registration of ownership transfer based on testamentary gift regarding each of the instant real estate on the basis of the authentic will of this case, and sold each of the instant real estate to Defendant B on June 22, 2018.

Defendant B completed the registration of ownership transfer based on sale on September 28, 2018, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) completed the registration of ownership transfer on September 28, 2018 with respect to each of the instant real estate on September 28, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3-1, 4-1, 5-1, and the purport of the whole pleadings

2. Grounds for the claim;

A. At the time of the preparation of a notarial deed of the will of this case, the Deceased, who is the primary cause of the claim, had incomplete awareness of dementia, high-speed, and drug uniforms, and could not sign the will on his own.

The notarial deed of this case does not have been prepared on the basis of the deceased’s genuine will, and at the time of signing, G did not meet the requirements of a will by an authentic document under Article 1068 of the Civil Act, such as taking the deceased’s hand and signing, etc., so the Plaintiff seeks confirmation that the will of this case is null and void

Since the will of this case is null and void, the registration of ownership transfer as to shares remaining 8/11 other than the statutory inheritance of Defendant D among the registration of ownership transfer made by Defendant D according to the will of this case is null and void, and the registration of Defendant B and Defendant Company, which has been made based on such registration, is also null and void.

Therefore, the Defendants are therefore.

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