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(영문) 제주지방법원 2014.10.31 2014가단4681
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2013, the network D attended the Jeju Joint Law Office and signed a notarial deed stating the legacy of each of the instant real estate owned by a notary public to the Defendant (hereinafter “instant notarial deed”).

In the notarial deed of this case, the deceased refers to the above testamentary gift E, which is a notary public, and the witness F and G confirm and sign it.

B. After the death of the deceased on January 2, 2014, the registration of ownership transfer was completed on February 6, 2014 for each of the instant real estate on the ground of legacy based on the Notarial Deed.

C. The heir of the network D is the plaintiff A and the defendant, H, and the deceased's children, who were children, and the defendant B and their children, who were the wife of the network I died on February 4, 1997.

【Unsatisfy-based dispute on the ground of recognition, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 4-1, 2-2, Eul evidence 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As to the defendant's attorney's power of attorney, the plaintiffs asserted that the defendant's attorney cannot act as a representative in relation to the lawsuit of this case since he participated in the notarial work when he/she makes a will by the notarial deed of this case.

However, Article 31 (1) 3 of the Attorney-at-Law Act provides that "the case in which a member of the conciliation division or an arbitrator handles or handles as a public official is unable to perform his duties" and does not have any restrictive provisions as to the case in which a preparation of the authentic deed is involved. Thus, it cannot be viewed that the attorney of the defendant cannot act as an agent in this case where a testamentary gift by the authentic deed is disputed solely on the ground that he participated in the preparation of the authentic deed

On the other hand, Article 17 of the "Attorney Ethical Code" enacted by the Korean Bar Association is a notarial deed.

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