(영문) 수원지방법원평택지원 2014.04.30 2012가합5379

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(영문) 수원지방법원평택지원 2014.04.30 2012가합5379

소유권이전등기말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings, either the evidence Nos. 1, 2, and 2-1 to 7, A’s evidence No. 3, A’s evidence No. 5, and A’s evidence No. 6-1 to 5.

The deceased D (hereinafter “the deceased”) was the Plaintiffs and the Defendant as their children between the deceased E (the deceased earlier than the deceased) and the Defendant, and died on August 20, 2012.

B. On March 28, 2012, a notary public on the second floor of Pyeongtaek-si, Dong-dong 197-6, who was before the deceased’s death, prepared a testamentary deed with the document No. 255 in Pyeongtaek-si Law Firm, No. 2012. The content thereof is that “I will participate in witness F and G at the request of the deceased, and I will determine F as executor, and testamentary gift to the Defendant each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).

(hereinafter “instant legacy”). C.

On August 20, 2012, the registration of ownership transfer or ownership transfer (hereinafter “the registration of ownership transfer”) was completed as stated in the purport of the claim in the Defendant’s future on August 20, 2012.

Attached Form

The real estate listed in paragraph (1) of the list No. 1 (hereinafter referred to as the “real estate No. 1 of this case”) is a title trust held by the deceased from the clan of Jinju Pung Pung, and there was each real estate listed in the separate sheet No. 2 through No. 7 of the attached Table No. 1 (hereinafter referred to as the “real estate No. 2 through No. 7”) and each real estate listed in the separate sheet No. 2.

2. Summary of the plaintiffs' assertion

A. At the time of the testamentary gift of this case, the deceased showed severe dementia symptoms for the age of 74 years, and in addition, in view of the fact that the deceased’s title trust was included in the subject matter of the testamentary gift of this case, the deceased was also included in the first real estate of this case, which was held by the clans of Jinju-Song-Jin, the deceased

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