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(영문) 서울동부지방법원 2017.01.24 2014가합104160
가등기말소
Text

1. The Defendants: (a) on each real estate listed in the separate sheet to the Plaintiff, the Seoul Northern District Court (Seoul Northern District Court) registry office on December 2, 2012.

Reasons

Basic Facts

Defendant B’s south of E (hereinafter “the deceased”) who died on February 27, 2014 (hereinafter “the deceased”), Defendant C’s son and female, and the Plaintiff’s son and the Defendant D’s son is the father and wife of the Plaintiff.

On May 15, 2006, the Deceased drafted a testamentary document stating that 2/5 of the real estate listed in the separate sheet and F.7 square meters (hereinafter collectively referred to as “instant testamentary gift property”) of Franc-gu Seoul Jung-gu shall be the Defendant B, and 3/5 of the 1/5 of the 1/5 of the 1/5 of the 1/5 of the 1/5 of the 3/5 of the 3/5 of the 3/5 of the shares shall be bequeathed to the

On April 29, 2010, the Deceased drafted a testamentary deed stating that the instant testamentary gift will be bequeathed to the Plaintiff (hereinafter “instant testamentary gift”).

The Defendants completed the provisional registration of the right to claim partial transfer of ownership of 1/5 shares (hereinafter “the provisional registration of this case”) by the Seoul Northern District Court’s Northern District Court’s receipt of the instant legacy No. 71517, Aug. 17, 2012, on the ground of the same day (hereinafter “the instant promise to purchase”) and the provisional registration of the right to claim partial transfer of ownership of 1/5 shares (hereinafter “the instant provisional registration”). The Defendants B/5, Defendant C, and D completed the registration of partial transfer of ownership of 1/5 shares (hereinafter “the instant testamentary registration”) on the ground of testamentary gift on April 11, 2014 by the receipt of No. 3372, Feb. 27, 2014 by the same registry office.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1 through 3, Gap evidence 3 and 4-1-3, the allegations by the parties concerned, the purport of the whole pleadings, and the plaintiff's argument at issue of this case is invalid registration as it has no validity of the act of cause. Thus, provisional registration of this case is revoked.

In other words, the deceased was in the state of no mental capacity due to dementia at the time of August 17, 2012, and the trade reservation made between the deceased and the Defendants is invalid as a false declaration of intention.

The testamentary gift registration of this case was made pursuant to the first will of this case, or the first will of this case was withdrawn by the second will of this case.

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