소유권말소등기
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Defendant completed each registration of the transfer of ownership as stated in the separate sheet owned by the deceased C (hereinafter “the deceased”) on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on March 22, 2017 due to testamentary gift dated March 22, 2017.
(hereinafter “each registration of ownership transfer of this case”) B.
On March 22, 2017, a testamentary gift made on March 16, 2017 refers to a testamentary gift made out by a notary public from No. 1111, 2017 (hereinafter “instant testamentary gift”). The notary public, at the request of the Deceased, made the following witness I and J participating in the testament, and prepared this testament by hearing the following intent:
A testator bequeathed each of the instant immovables to the Defendant.
The above contents were read by the testator, the Deceased, the witness I, and the J, and each of them was approved to correct the entries of the deed, and signed and sealed as follows:
On March 16, 2017, this certificate was prepared in Ulsan-gu K, Ulsan-gu by the method of No. 1068 of the Civil Code No. 306 of the D Hospital and delivered to the testator.
The main contents of the will of this case (hereinafter referred to as the “instant will”) are as follows:
C. On March 22, 2017, the Deceased died, and his heir is the Plaintiff, Defendant, M, and N, who are the wife L and children.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. The notarial deed of the Plaintiff’s assertion was prepared with the deceased’s ability to understand the legal meaning and effect of the will.
In addition, the will of this case is null and void because the requirements for acceptance of will pursuant to Article 1068 of the Civil Code have not been satisfied.
Therefore, each transfer of ownership of this case that the defendant completed in accordance with the notarial deed of this case is invalid.