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(영문) 서울남부지방법원 2017.09.08 2017나52687

소유권이전등기

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1. Revocation of a judgment of the first instance;

2. The defendant shall notify the plaintiffs of each real estate indicated in the attached Form 1.

Reasons

1. The plaintiff's assertion about the basic facts and the primary claim is based on the reasoning of the judgment of the court of first instance. Thus, the court's explanation on this part is consistent with the reasoning of the judgment of the court of first instance.

2. Judgment on the main claim

A. Legal principles and facts of recognition 1) Article 1060 of the Civil Act provides that “A will shall not take effect unless it is in accordance with the method prescribed by this Act.” In order for a will to be effective by an authentic document under Article 1068 of the Civil Act, two witnesses are present, the testator must be present in the presence of a notary, and the testator must accept the will in the presence of a notary, and the testator must read it to the testator and the witness, and shall sign or affix his/her seal to each of them after approving accuracy of the writing of the testator and the witness. Here, “the demand for will” means delivery of the contents of the will by oral statement to the other party. As such, the method to affirm the testator’s will with an authentic or simplified will made by a third person and to affirm the testator’s will with an action or brief statement made by the third person, and thus, it cannot be seen that the testator constitutes an authenticated will under Article 208 of the Civil Act, 200,000,000 won.

In order to verify the deceased’s ability to judge, the question was made to the deceased.