소유권이전등기 말소등기 청구의 소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The deceased real estate ownership and family relationship 1) each of the real estate listed in the separate sheet (hereinafter “instant real estate” according to the sequence in the separate sheet, and when the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) has been sold in total, each of the real estate listed in the separate sheet shall be
) The network D (hereinafter referred to as “the network”) shall be
(2) The deceased was the deceased’s own property. (2) The deceased was the deceased’s spouse, and H and I were the children of Defendant B, network E, F, and G. The deceased was the deceased’s spouse.
B. 1) On September 15, 2003, the Deceased prepared a testamentary document by a notary public on September 15, 2003 with No. 1230 from a law firmO. In the presence of an attorney-at-law in charge of notarial acts, the Deceased signed and sealed a testament on September 29, 2004 that he will designate Q as an executor who will execute the testament. 2) On June 29, 2004, the Deceased drafted a testamentary document with No. 1476 from a law firm R to a notarial deed.
In the presence of an attorney-at-law in charge of notarial acts, the deceased bequeathed 3/10 shares of the instant three real estate to Defendant B, who is a woman in the presence of the said law firm, and 7/10 shares to H, who is the grandchild, and signed and sealed a testamentary document stating that T shall be designated as an executor to implement the contents of the will.
C. The gift of each of the instant real property by Defendant B and the deceased’s death 1) Defendant B on June 17, 2016, donated each of the instant real property from the Deceased (hereinafter “instant gift”).
) Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) on March 14, 2017 following the completion of the registration of ownership transfer for each of the instant real estate on the same day on the grounds that it was received.
2) On May 5, 2017, the deceased died on May 5, 2017.
[Reasons for Recognition] Unsatisfy, Gap 1-4, 12 evidence, Eul 9, and 9.