상속권회복청구
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On September 24, 2001, the deceased prepared a testamentary document (hereinafter “notarial document of this case”) containing the content that “the notary public shall testamentary gift to the Plaintiff, who is the south of 3/13 of the testamentary donee’s equity interest in the instant real estate,” and died on January 14, 2007.
As the heir of the deceased G, the Plaintiff and the Defendants are children.
B. On March 31, 1961, the deceased G reported marriage with the deceased I, and on February 18, 1982, the deceased reported marriage with the deceased J on March 2, 1982.
The J died on November 27, 1997.
The plaintiff and the defendants are indicated as children between the network G and the network I.
C. As to the instant real estate, on July 5, 197, the registration of ownership transfer was completed due to the sale under the J’s name on July 5, 197, and on August 23, 2016, the registration of ownership transfer was completed for the Plaintiff and the Defendants on November 27, 197.
On November 28, 2016, the Defendants completed the registration of ownership transfer for reasons of legacy on January 14, 2007 with respect to part (3/65) of the shares in the above real estate to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7, 17 evidence, Eul evidence 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertionJ did not have a mother-and-child relationship with the original and the Defendant, so the sole heir of the deceasedJ is the deceased G, and accordingly, the deceased G was succeeded to the entire real estate of this case from the deceasedJ.
Nevertheless, at the time of the preparation of the notarial deed of this case, G stated in the notarial deed of this case that “the Plaintiff shall testamentary gift of 3/13 of the real estate of this case” in the notarial deed of this case as follows: (a) the Plaintiff and the Defendant believed to be in a mother-and-child relationship; and (b) the inheritance shares of the said real estate are only 3/13 of the inheritance shares; and (c) the Plaintiff
Therefore, the network G.