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(영문) 수원지방법원여주지원 2019.08.28 2017가합6947

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status A of the parties A (hereinafter “the deceased”).

) On October 5, 2015, the Plaintiff died on October 2, 2015. 2) The Plaintiff is the south of the Deceased, and D is the Plaintiff’s children.

3) The Defendant is the deceased’s spouse and the Plaintiff’s mother. (B) On October 5, 2015, the registration of each real estate listed in the separate sheet Nos. 1-11, which was owned by the deceased, was completed on November 5, 2015 on the ground that the inheritance was based on a consultation division, which was conducted on October 5, 2015.

2) With respect to each real estate listed in the separate sheet No. 12-23, which was owned by the Deceased, each of the real estate listed in the separate sheet No. 12-23, on October 5, 2015, due to the inheritance by consultation and division on November 4, 2015, the registration of ownership transfer was completed under the name of the Defendant under Article 40736 on November 4, 2015 (hereinafter collectively referred to as “each of the instant real estate”).

(ii) [Ground of recognition] unsatisfy, entry of Gap evidence 1 (if available, including branch numbers; hereinafter the same shall apply);

- The purport of the whole pleadings

2. On August 1, 2014, the deceased’s summary of the Plaintiff’s assertion prepared and bequeathed a testament (Evidence A2; hereinafter “instant testament”) stating that he/she will inherit each of the instant real estate to D on his/her own hand. Each of the instant real estate is owned by D, and the registration of transfer of ownership on each of the instant real estate under the name of the Defendant must be cancelled as a registration invalidation of the cause.

3. In order to take into account the determination on the validity of the instant will, and to take effect by a certificate of completion, the testator shall write his full text, date, address, and name and affix his seal (Article 1066(1) of the Civil Act). In full view of the following circumstances, the evidence presented by the Plaintiff alone is that the instant will was made by the deceased’s own pen.