유증을원인으로한소유권이전등기
1. The plaintiff's claims against the defendants and the defendant (appointed parties) are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. The deceased H (hereinafter “the deceased”) died on December 28, 2004 while owning real estate listed in the separate sheet.
B. Accordingly, Defendants B (1/13 of the shares in inheritance), the lineal descendants of the deceased, who are spouse E (3/13 of the shares in inheritance), C (1/13 of the shares in inheritance by representation), Defendant C (1/13 of the shares in inheritance by representation), Defendant F (2/13 of the shares in inheritance; hereinafter referred to as the “Defendant”) who is South and North Korea (the appointed party), the next designated party D (2/13 of the shares in inheritance), the next designated party G (2/13 of the shares in inheritance), and Plaintiff A (2/13 of the shares in inheritance), who are three women, became co-inheritors of the deceased.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6, and 8, the purport of the whole pleading
2. Determination on the cause of the claim
A. The plaintiff asserted that the plaintiff shall make a will that the plaintiff donated the real estate stated in the separate sheet to the plaintiff on March 18, 2004 (Evidence A7) with the certificate of self-determination on March 18, 2004 before the death. Thus, the defendants and the designated parties on the real estate stated in the separate sheet according to the deceased's will belong to the plaintiff, and thus the registration of transfer should be
B. We examine the judgment, and the strict provision of Article 1065 to Article 1070 of the Civil Code provides the method of will with the intention to clarify the will of the testator and prevent any legal dispute and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is null and void even if it conforms to the will of the testator.
Therefore, pursuant to Article 1066(1) of the Civil Act, a will based on a certificate of completion is effective only when the testator has signed and sealed the full text, date, address, and name pursuant to Article 1066(1). If the testator did not have the address, this cannot be denied as a will contrary to the statutory requirements and methods, and it cannot be deemed otherwise unless the testator does not interfere with the designation of the testator.
(See Supreme Court Decision 2012Da71688, Sept. 26, 2014). With respect to the instant case, the health unit and the deceased’s will (Evidence A7) are as follows.