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(영문) 서울남부지방법원 2018.09.20 2017가단245938

소유권이전등기

Text

1. The Defendants, on February 1, 2013, bequeathed on February 1, 201 with respect to each of the respective real estates listed in the separate sheet No. 1 list, to the Plaintiff.

Reasons

1. Basic facts ① E (F) was the mother of the Plaintiff and the Defendants, and died on February 1, 2013 while residing with the Plaintiff.

② E (hereinafter “the deceased”) owned each real estate indicated in the name of “the instant real estate” as indicated in the name of “the real estate” (hereinafter “the instant real estate”).

③ After the deceased’s death, the Plaintiff, who was in custody of the same testamentary book (No. 3; hereinafter “the testamentary book of this case”) as indicated in the attached Table 2, filed a claim with the Seoul Family Court 2013 Madern2161 to inspect the testamentary document, and the seal of approval was affixed to the testament of this case on May 3, 2013.

④ In addition to the letter of will with an approval seal affixed, the same pen and the same content as the deceased’s seal imprinted, and the deceased’s seal imprinted on May 4, 2005, the deceased’s personal seal impression was attached thereto. A notary public has the same testamentary book (a evidence No. 4-1, hereinafter referred to as “accrediting will book”) as shown in the attached Table 3, which was certified by the notary public as the same as that of the attached Table No. 621, May 20, 2005, such as the Han-ae Law Firm,

A certificate contains a statement that the attorney-at-law in charge of authentication confirms himself/herself by his/her resident registration certificate in front, and the letter of request for authentication contains the name of the deceased himself/herself in his/her own pen, and a copy of his/her identification card is attached thereto.

⑤ On June 27, 2013, the Plaintiff filed a lawsuit against the Defendants on the ground of a will, and withdrawn the lawsuit on February 27, 2015, following the date of pleading where the procedures for the registration of ownership transfer were continued several times.

(6) On November 16, 2015, the Plaintiff filed with the Seoul Family Court a claim against the Defendants for the division of inherited property under 2015 Mahap30312, which was withdrawn on May 29, 2017. The Defendants filed a claim against the Plaintiff for the division of inherited property on June 16, 2017, and the said judgment is pending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, 6, 7, and 8, and the purport of the whole pleadings

2. The Parties.