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(영문) 수원지방법원성남지원 2015.09.18 2014가합207852

소유권이전등기에 대한 승낙의사표시

Text

1. The Defendants committed a testamentary gift on January 16, 201 with respect to each real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On September 28, 2008, the deceased G (hereinafter “the deceased”) prepared a testamentary book stating that “At the time of his death all inheritance rights shall be granted to Defendant C” (hereinafter “instant testamentary book”) in writing, and signed and sealed the preparation date, address, and name.

B. On January 16, 2010, the Deceased died without the designation of the executor of the will, as his inheritor, from left Defendant C and his children, Defendant D, E, and F. At the time, the Deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. Defendant C applied for the seal of approval on the testamentary document of this case as Suwon District Court Branch Branching 2010Ra823, and obtained the seal of approval on March 14, 201.

In the case of the return of legal reserve of inheritance filed by the Plaintiffs against Defendant C, the decision was finalized as a substitute for the conciliation as of December 21, 2012, stating that “Defendant C shall implement the procedures for the transfer registration of ownership on the ground of the return of legal reserve of inheritance on January 16, 2010, with respect to the Plaintiff’s share of 275,287,716/2,179,60,000 among the instant real estate, and the share of 299,443,716/2,179,60,000 shares to Plaintiff B among the instant real estate.”

(Seoul High Court 2012Na48253). [Reasons for Recognition] The fact that there is no dispute, each entry of Gap 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The testament of this case was made by the deceased’s writing, and the will of the deceased is lawful by the will according to the certificate of completion of self-determination under Article 1066 of the Civil Act. In a case where the executor of the will does not designate the inherited property to one of the inheritors, the donee and the heir should jointly apply for the registration of ownership transfer as the executor of the will.

Therefore, the Defendants, as the inheritor of the deceased, as the executor, are also the deceased’s heir, who is the executor of the instant real estate.

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