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(영문) 인천지방법원부천지원 2020.11.27 2020가합101798

소유권이전등기말소

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The instant lawsuit is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. G is the south of the deceased H (hereinafter “the deceased”), D is the wife of the deceased, and F is the south of the deceased.

B. On January 22, 2018, the Deceased made a will by a confidential document (hereinafter “instant will”), and the same year.

2. 7. Death.

C. On May 15, 2018, the registration of ownership transfer was completed for each of the instant real estate; G 4/7 shares for G 4/7 shares; D 3/7 shares for inheritance by agreement division.

(hereinafter) The registration of ownership transfer with respect to 3/7 shares in the name of D among each real estate of this case is referred to as the "registration of ownership transfer" of this case.

D On October 26, 2018, the Defendant completed the registration of ownership transfer based on the trust agreement dated 25, 2018 (hereinafter “instant registration of ownership transfer”) with respect to the third/7 shares of each of the instant real estate on October 26, 2018.

E. Around November 2018, G applied for the approval seal of a testamentary document relating to the instant will as the Incheon Family Court’s Vice-Support 2018-Ma10388, and the said court issued the approval seal on May 10, 2019.

F. On May 23, 2019, G filed a lawsuit against F to the effect that “the will is valid by the deceased’s confidential document affixed by the above court on May 10, 2019,” in this Court Decision 2019Gahap10207, which declared that “The will shall be confirmed to be valid by the deceased’s confidential document, which affixed the seal of the above court on May 10, 2019,” and this Court declared a non-litigation ruling accepting G’s claim on August 23, 2019.

1.B wills shall be made as follows:

(1) The whole of the land and the movable property and the loan claims of the building and the building on the ground of the land and the real estate of the building on the ground of the land of Busan-si I (J 130.5 square meters, K 104.4 square meters, L 891.4 square meters, Ma 441.2 square meters) shall be transferred to G (N).

(2) The Seodaemun-gu Seoul Metropolitan Government O site 114.7 square meters above the ground building 275.18 square meters above the ground building and the Busan Metropolitan City P ( Q 492.3 square meters) and the above ground building are transferred to the Southern F (R).

(3) The product located B in Namyang-si is G and F. 5.