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(영문) 서울고등법원 2018.06.01 2017나2030260

소유권말소등기

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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

Basic Facts

The defendant completed each registration of ownership transfer (hereinafter referred to as the "registration of ownership transfer of this case") stated in the separate sheet Nos. 1, 2, and 3 attached hereto (hereinafter referred to as "the deceased") on the real estate (hereinafter referred to as "the instant real estate") listed in the separate sheet Nos. 1, 2, and 3, 2016 and March 3, 2016 on the ground of legacy.

The testamentary gift dated February 29, 2016 and March 3, 2016 mean a testamentary gift made by a notary public of March 31, 2014 as No. 80 of the deed 2014, all of which means a testamentary gift made by a notary public of March 31, 2014, and the contents thereof are as follows:

(hereinafter referred to as the “notarial deed of will of this case”). The notary public of this notarial deed was to participate in witness E and F at the request of the deceased and to hear the intent of the will and prepare this deed.

The Deceased bequeathed to the Defendant all of the immovables of this case.

A testator, a witness E, and a F read, and approved the accuracy of the entries of each document and signed and sealed it.

On March 31, 2014, this deed visited the diagnosis room located in Sungnam-gu G in Sungnam-si, the health of the deceased of the testator in accordance with the method of Article 1068 of the Civil Code, in the presence of the doctor in charge, and in the presence of the doctor in charge.

On June 3, 2014, the Plaintiffs filed a petition for a trial to commence adult guardianship with the deceased’s principal of the instant case as the Sungwon District Court Branch 2014Ra621.

On January 6, 2015, the above court commenced adult guardianship for the deceased on the ground that “the deceased may be found to have continuously lacking the ability to handle affairs due to mental constraints,” and rendered a judgment to jointly appoint the defendant and the attorney-at-law as an adult guardian who exercises his/her power to make decisions on the deceased’s property management, and as an adult guardian who exercises his/her power to make decisions on the deceased’s personal affairs, the said judgment became final and conclusive on January 14, 2015.

On February 29, 2016, the Deceased died, and his heir is the Plaintiffs and the Defendant, who are their children.

[Ground of recognition] There is no dispute.

참조조문