유언무효확인 및 소유권이전등기말소
1. The part concerning the claim for cancellation among the lawsuits in this case shall be dismissed.
2. Of the instant lawsuits, the part regarding the claim for nullification of will.
1. Basic facts
A. The Plaintiff is a deceased’s son who is a father of the deceased.
B. On April 29, 1978, a testamentary deed (No. 1939, No. 1978, No. 1939, No. 1978, No. 1978, a notary public) is drafted to the effect that the deceased bequeathed one-third shares of P, Q and Defendant M, who is the deceased’s children.
C. On December 28, 1980, the Deceased died on 19:00.
P, Q, and Defendant M completed the registration of ownership transfer based on a testamentary gift dated December 28, 1980, which was received on June 10, 1991, with respect to each one-third share of the instant real estate.
E. P was killed, and there was Defendant B, C, D, E, and F, who was his heir, and Q also died, and there was Defendant G, I, J, K, and L, who was his wife, as his heir.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff asserted that, even though the deceased died on December 28, 1980, the ownership transfer registration based on a testamentary gift was completed on December 28, 1980 in the name of P, Q, and Defendant M on the instant real estate after the lapse of 11 years from the death, the Plaintiff sought confirmation of the invalidity of the deceased’s will. As such, the Plaintiff sought confirmation of invalidity of the ownership transfer registration on the instant real estate based on the invalid will, and sought cancellation of the ownership transfer registration against P, Q, and Defendant M on the ground that the P, Q’s heir, or the Defendants who were the Defendant M.
3. The remaining Defendants, other than Defendant H and M, asserted that the part of the claim for cancellation registration is lawful, and that the part of the claim for cancellation registration of ownership transfer in the lawsuit in this case was filed after the lapse of the exclusion period. As such, the aforementioned part of the Defendants’ defenses prior to the merits or ex officio, are examined as to its legality.
On the premise that the inherited property is a true inheritor, property rights such as ownership or ownership due to inheritance, etc. are attributed to the inheritor.