소유권이전등기말소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of premise;
A. The plaintiff is the wife of the network D, and the defendant B is the children of the network D.
B. On June 21, 2011, a testamentary deed was prepared by a notary public, which, at the time of the attendance of a witness E and F, the witness E and F, the deceased’s title to testamentary gift of each real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B (hereinafter “instant authentic deed”).
C. The Deceased died on February 18, 2013.
Defendant B completed the registration of ownership transfer based on legacy on February 18, 2013 with respect to the instant real estate on March 13, 2013, and Defendant C completed the registration of ownership transfer based on sale on March 22, 2013.
【Ground for recognition】 There is no dispute
2. The assertion and judgment
A. At the time of the preparation of the notarial deed claiming the cause of the claim, the deceased had the capacity to perform his duties due to dementia. As such, the registration of ownership transfer which was completed due to legacy on the instant real estate by Defendant B is invalid, and the registration of ownership transfer on the instant real estate in the name of Defendant C, which was based on the invalidation registration, shall also be null and void. Therefore, the Defendants are obliged to perform the procedure for registration of cancellation of ownership transfer in the name of the Defendants as to the instant real estate in the name of
B. At the time of the preparation of the Notarial Deed, the following circumstances, namely, ① the notarial deed of this case, in the state of the deceased’s participation in the witness E and F, a notary public sought the tenor of his will in the presence of the attorney-at-law in the notarial office in the front of a law firm Dae-Gyeong General Legal Office, and the said notary and the witness who read the testator, in the presence of the attorney-at-law in the presence of the attorney-law in accordance with Article 1068 of the Civil Code.