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(영문) 서울고등법원 2017.12.22 2017나2042270

소유권말소등기

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1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2.Reductions and additions in the trial.

Reasons

1. The facts below are, without dispute between the parties, acknowledged by taking account of the overall purport of the arguments in each entry in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 and 28.

On February 8, 2013, C (D) drafted a testamentary document stating that the instant real estate owned by a notary public will will be bequeathed to the Defendant under No. 920, 2013, by a law firm Han-gu.

(2) On July 26, 2014, C died of July 26, 2014, and his heir is the Plaintiff and the Defendant, who is his father and wife.

(hereinafter “C”. The Defendant completed the registration of ownership transfer on September 15, 2014 regarding the instant real estate based on testamentary gift.

2. Determination on the main claim

A. The court's reasoning for this part concerning the primary claim is as stated in the part "(b) judgment concerning the primary claim" between the third and fourth parties of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The reasoning for this Court’s reasoning is as follows, and this Court’s determination on the conjunctive claim is identical to the part “(c) of the judgment of the first instance court” between the fourth and nine(9). Thus, this Court’s determination on the conjunctive claim is accepted in accordance with the main text of Article 420 of the Civil Procedure Act.

【The part to be used by the court of first instance 【the above 800,000,000 won shall be calculated as donated property” and “the value at the time of donation of the above pension insurance shall be calculated as KRW 434,133,425” shall be calculated as at the time of donation of the above pension insurance.

Part 7 of the first instance court's decision "The above 800,000,000 won" and the above 434,133,425 won shall be the value at the time of donation of the above pension insurance.

Under the 8th sentence of the first instance court, the second sentence “80,000,000 won” shall be written with “434,133,425 won”.

Part 9 of the judgment of the first instance shall be 800,000,000, respectively.