A. On February 29, 2016, H (Is) which owned each real estate listed in the separate sheet No. 1 (the instant real estate) died on February 29, 2016 (the former spouse’s death on November 10, 1998), and H’s children were the Plaintiff, Defendant B, C, and Nonparty J. However, the J died on January 6, 2005, before H’s death. Defendant D’s spouse, Defendant E, and Defendant G are the children of J.

B. On March 10, 2014, the will book (the will book of this case) was prepared on March 10, 2014 in the name of the deceased H with respect to each of the instant real estate, and on February 9, 2017, the protocol of inspection of will was prepared on February 9, 2017.

Seoul Family Court Decision 2016Ra4986) / [Grounds for recognition] The fact that there is no dispute, entry of Gap's evidence 1 through 6, the purport of the whole pleadings.

2. Assertion and determination

A. The summary of the Plaintiff’s assertion 1) The Defendant, the deceased’s heir, as the deceased’s executor, is obligated to implement the ownership transfer registration procedure based on testamentary gift on February 29, 2016 with respect to the portion of 1/4 of each of the instant real estate as to the Plaintiff, as the deceased’s executor. 2) The Defendants’ assertion by the Defendants is not written by the deceased’s executor, but did not have mental ability to make a decision on disposal and management of the property or to make a will at the time of preparation of the will, and thus, the deceased’s will by the instant will cannot respond to the Plaintiff’s request.

(b) Determination 1) If a will is to be made by a certificate of completion of the will, the testator must write his full text, date, address, and name and affix his seal thereto.

(Article 106(1) of the Civil Act). (b) In full view of the written evidence Nos. 5 and 24, the written appraisal result by appraiser K and the fact inquiry result by the court against the above appraiser, the deceased H directly will of this case.