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(영문) 대구지방법원 2020.02.19 2018가단107296

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”) was owned by F, and F died on November 6, 2017.

B. The deceased F’s heir is the Plaintiffs and Defendants, who are children.

C. As to each of the instant real estates, the Daegu District Court’s registration of February 14, 2018 (No. 26521) and the inheritance on November 6, 2017 (No. 1/5 shares in the names of the Plaintiffs and the Defendants) completed the registration of ownership transfer regarding each of the instant real estates.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including all of the serial numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs asserted that each of the instant real estate was bequeathed on August 12, 2013 from the network F, the Plaintiffs, and sought registration of ownership transfer against the Defendants, such as the entries in the claims.

B. According to the evidence No. 4 of the judgment of the court below, on August 12, 2013, a notarial deed (the fact that the witness was made) containing a testamentary gift to the effect as alleged by the plaintiffs on August 12, 2013 between the networkF and the plaintiffs (the fact that the notarial deed was made by the witness is recognized. However, as to whether the netF had the capacity to prepare the above notarial deed, the health unit and the evidence submitted by the plaintiff is difficult to recognize it, and there is no other evidence to recognize it (In light of the result of the medical record appraisal by the head of the G Hospital, according to the results of the above notarial deed, the netF was unable to memory the important matters related to daily life before the preparation of the notarial deed, and was in

Therefore, the plaintiffs' claims are without merit without further review of other points.

3. Conclusion, the plaintiffs' claims are all dismissed. It is so decided as per Disposition.