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(영문) 서울중앙지방법원 2018.10.19 2016가단5110539
소유권이전등기
Text

1. All of the plaintiff's main claims are dismissed.

2. Upon the Plaintiff’s conjunctive claim, Defendant B, upon the Plaintiff’s conjunctive claim, is 65.

Reasons

1. Basic facts

A. The F died on May 29, 2015 and jointly inherited his/her spouse G, children, Plaintiff H, Defendant B, and I’s property.

B. On December 29, 2014, the decedent prepared a testamentary deed (hereinafter “notarial deed of this case”) on December 29, 2014, and bequeathed each real estate listed in the separate sheet to Defendant C (However, the real estate listed in the separate sheet No. 7 is the ownership of 89,788/91,438 among them, and the period of testamentary gift was 10,705 square meters of Jin-Gun Jin-gun, and was divided into each real estate listed in the separate sheet No. 3 and No. 3 and No. 4, Nov. 2, 2017) to Defendant C, and the beneficiary certificates to Defendant B, respectively, were bequeathed with the nine shares and beneficiary certificates of the K Company, which are considered

C. Defendant C is Defendant BA, and on June 11, 2015, after completing the registration of ownership transfer on each of the above real estate due to testamentary gift, the registration of ownership transfer was completed on August 31, 2015, the maximum debt amount is KRW 120 million on August 31, 2015, and the mortgagee was completed the registration of creation of a neighboring mortgage to Defendant D.

[Recognition] Each entry in Gap evidence Nos. 2, 4, 5, and 19

2. The judgment on the primary claim of this case is the primary claim of this case, and the provisional guardian was appointed in the adult guardianship trial of the deceased on February 12, 2014 by the ruling of prior disposition on February 12, 2014. Thus, the provisions on the capacity of the inheritee to make a will of the deceased in accordance with Article 62 of the Family Litigation Act shall be deemed to apply to the registration of the ownership transfer of the defendant C, which was based on the registration of the ownership transfer of the deceased C, as the deceased was in the capacity of the deceased at the time when the testament of this case was prepared by the deceased on December 29, 2014.

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