소유권이전등기
1. The defendant returned to the plaintiffs each share of 1/17 shares among the real estate listed in the separate sheet.
1. Facts of recognition;
A. The deceased G died on January 19, 2017, and the heir is the defendant and his/her children, who are his/her spouse, and the plaintiffs (former children), H, and I, who are their children.
B. On December 11, 2016, G prepared a testamentary document stating that the real estate listed in the separate sheet, which is one’s own ownership, will be bequeathed to the Defendant, participated as a witness by J and K, and was certified as a notary public by Law Firm Preparation No. 1246, Dec. 11, 2016.
C. On February 16, 2017, the Defendant completed the registration of ownership transfer on the instant real estate by reason of testamentary gift dated January 19, 2017.
As of January 19, 2017, the market value of the instant real estate is KRW 1,107,216,000.
[Ground for recognition] Unsatisfy, Gap evidence 1 through 8 (including additional number; hereinafter the same shall apply), Eul evidence 1, 2, and 5, appraiser L's appraisal result, the purport of the whole pleadings
2. Judgment as to the main claim
A. The notarial deed of this case by the plaintiffs is null and void in violation of the method of will under Article 1068 of the Civil Act.
In other words, a notary public did not accept or read the intent of his will, and a witness did not know his role and participated in the preparation of a notarial deed of this case.
Therefore, since the ownership transfer registration in the name of the defendant with respect to the instant real estate is null and void, G’s heir is obligated to implement the registration procedure for ownership transfer based on the restoration of real name with respect to each of the 2/17 shares inherited by G’s heir.
B. Article 1068 of the Civil Act provides that a will by notarial document requires the testator to accept the tenor of the will before a notary in the presence of two witnesses, and the notary shall write down and read it, and then the testator and each of the witness shall sign or affix their names and seals, after recognizing it to be correct.
In the case of a will by an authentic document as stipulated in Article 1068 of the Civil Code, the testator accepts the tenor of the will before a notary in the presence of two witnesses, and the notary written it.