소유권이전등기말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. A notary public according to the method under Article 1068 of the Civil Act on March 6, 2009 (as at the time, D and E participated as witness) “F prepares a testamentary document No. 1853 of a H notary joint office document No. 1853 with a content that “F prepared, but according to the same method as March 20, 2009,” the F prepares a testamentary document No. 1853 of a H notary joint office document No. 1853 with a content that “A testamentary document No. 2264 of a notarial deed No. 2009 (hereinafter “notarial deed of this case”) to the Defendant, who is a F’s father, who is a joint office document of H notary public on March 6, 2009.” The testamentary gift No. 1/3 shares, etc. of each of the real property of this case, was drawn up by a testamentary will No. 2264 of 209 (hereinafter “notarial will”).
B. The F died on April 14, 2010, and the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of testamentary gift on April 14, 2010 as to each of the instant real property under the name of the Daejeon District Court No. 17283, May 13, 2010, as to each of the instant real property under the title of the Defendant based on the authentic will of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, Gap evidence 3, 5, Gap evidence 6-1 to 27, Eul evidence 1, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. At the time when the Plaintiff’s assertion was made, F did not have the capacity to make a notarial deed due to an interference with the power of force due to Qinson No. 1, and thus, each of the instant notarial deeds is null and void, and each of the instant notarial deeds made on the basis of an invalid notarial deed is also null and void.
The plaintiff is the son of F, and as the F jointly succeeds to the shares of each of the real estate of this case owned by F due to the death of F, the plaintiff sought cancellation of the registration of each transfer of ownership of this case in the name of the defendant as preservation act.
(b) The intention of the will, in the presence of two witnesses on March 20, 2009, shall be authentic in the presence of a notary public.