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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts do not conflict between the parties, or are recognized in full view of the entries in Gap evidence 1-1, 2, 3, and 2-2 and the whole purport of the pleadings.
A. The Plaintiff is the south of the deceased D (the deceased on April 14, 2010, hereinafter “the deceased”) and the Defendant is the father of the deceased.
B. Each real estate listed in the separate sheet was originally owned by the father and the defendant Eul. On February 2, 2004, immediately before the death of E, each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) was transferred to the deceased due to donation.
C. On March 6, 2009, the Deceased made a testament by a notarial deed stating that “I will testamentary gift to F (Is children of the Plaintiff) of each of the instant real estate” (hereinafter “previous will”) by the Cnotarial joint office deed No. 1853 on March 6, 2009.
On March 20, 2009, the Deceased made a will (A evidence 2; hereinafter referred to as the “instant will”) by a notarial document stating that “The previous will shall be cancelled, and the real estate of this case shall be bequeathed to the Defendant” under Article 2264 of the Cnotarial Joint Office Deed No. 2009.
E. After the deceased died, the Defendant completed the registration of ownership transfer based on testamentary gift on May 13, 2010.
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that the deceased was not present at the time of the instant will, and even if he was present, the deceased did not have the ability to express his will due to the martic disorder caused by Teinson’s Emson’s Embson’s Emson’
B. In a judgment 1 civil case, even if it is not bound by the facts recognized in the judgment of another civil case, etc., the facts already established in the relevant civil case are valuable evidence unless there are special circumstances.
Therefore, it can not be rejected without any reasonable reasoning, and in particular two cases before and after.