소유권이전등기
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff and the defendants are children of the network D.
D On August 20, 1994, the registration of transfer was completed on May 31, 1980 with respect to the land of 139 square meters (hereinafter “principal land”) as the site for the real estate listed in the attached list No. 1 in the annexed list No. 1, 1994, and the Plaintiff completed the registration of transfer on March 16, 2001, based on a testamentary gift on January 2, 1998. D, as a witness, designated “FG” on April 6, 1995, prepared a testamentary document (H office No. 539 of the H office document No. 539 of 1995) with respect to the land owned by the Plaintiff as the executor, and died on December 1, 1998.
Attached Form
The registration of ownership preservation was completed on December 13, 2019 with respect to the shares in the name of the plaintiff 4/11 and each share in the separate sheet No. 2 in the name of the defendants among the real estate listed in the list No. 1.
[Ground] Facts without dispute, Gap evidence Nos. 1-11 (including paper numbers) and the purport of the whole pleadings
2. On April 6, 1995, the Plaintiff asserted that the Plaintiff was bequeathed of the real estate listed in the attached list No. 1 from the deceased D on April 6, 1995, and sought implementation of the procedure for registration of transfer of ownership by testamentary gift on January 2, 1998 with respect to each share listed in the attached list No. 2 among the said real estate.
3. Since an executor ex officio determination on the eligibility for defendant has the right and duty to manage property which is the subject of testamentary gift, and to perform all acts necessary for carrying out his will, even in a lawsuit claiming ownership transfer registration on testamentary gift for carrying out a will, the executor has the qualification for a party as a so-called “legal lawsuit”
An executor must perform his duties in a neutral position on matters contrary to interests with the inheritor within the extent necessary for carrying out his will, so if there exists an executor, the inherited property of the inheritor to the extent necessary for his will execution.