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(영문) 서울북부지방법원 2017.06.23 2015가단146191

상속회복청구의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a woman of the deceased E (the deceased on July 23, 2015, hereinafter “the deceased”), and the Defendants are the same children of the Plaintiff.

B. On April 2, 2001, the Deceased prepared a testamentary document stating that the notary public entrusted the Fhap Law Office with the said law office’s certificate, No. 525, 2001, four real estate owned by the Deceased, including the instant real estate, shall be bequeathed to the Plaintiff.

A will which has been made by way of a will before the will is null and void.

The entire property of B shall be divided equally to each of the three children.

Seoul Seongdong-gu Seoul Metropolitan Government G Apartment 101 Dong 1306 H July 25, 2014, the deceased’s seal.

C. After that, on July 25, 2014, the Deceased prepared, signed and sealed a will as follows:

(hereinafter “instant will”) D.

With respect to the shares of 1/3 of the instant real estate, the registration of transfer of ownership in the name of the Plaintiff and the Defendants was completed on the ground of inheritance as of December 4, 2015, from No. 165760, which was received on December 4, 2015, as to the shares of 1/3 of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 7, Eul evidence 1 to 3, appraiser I's appraisal result, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the time of the argument of this case, the deceased had the capacity to perform his duties due to dementia. Thus, the withdrawal of the will by the previous Notarial Deed is null and void. The Defendants should implement the procedure for the registration of ownership transfer as to shares of 1/3 of the real estate in accordance with the previous Notarial Deed to the Plaintiff.

B. According to the judgment of the deceased Gap evidence Nos. 8, Eul evidence Nos. 1, and the result of the entrustment of the examination of medical records to the director of the branch hospital of the branch hospital of the Eul University of this court, the deceased was diagnosed by brain death around 2014. The deceased entered the deceased's error in the last place of resident registration number of the deceased in preparing the testament of this case. The appraiser entrusted with the examination of medical records by this court is 88 years old.