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(영문) 서울중앙지방법원 2016.09.08 2015가단5204949
소유권이전등기
Text

1. The Defendants, on November 8, 201, bequeathed on 1/6 of each of the real estate listed in the separate sheet to the Plaintiff on November 8, 201.

Reasons

1. Facts of recognition;

A. G (hereinafter referred to as “the deceased”) is the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), and died on April 25, 2015, and the heir was the Plaintiff and the Defendants (Defendant B, Defendant C, Defendant C’s son, Defendant D’s son, Defendant C’s son, and Defendant F’s 3 South Korea).

B. On May 22, 2015, Defendant B completed the registration of ownership transfer with respect to each of the shares 1/6 shares in the name of the Plaintiff and the Defendants on April 25, 2015 due to inheritance.

C. On November 8, 2011, the Deceased had a notary public H, in accordance with the method under Article 1068 of the Civil Act, prepare a testamentary document stating that “the executor of the instant real estate is designated as the Plaintiff and testamentary gift (hereinafter “instant testamentary gift”) is made to the Plaintiff in the presence of the witness I and J” (hereinafter “instant testamentary document”) by a notary public, pursuant to Article 538 of the No. 201, Nov. 8, 201.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. If, before the registration of ownership transfer by a specific testamentary gift was made, the testamentary donee may seek the registration of ownership transfer against the inheritor.

Therefore, according to the above facts, the testamentary gift of this case is valid in accordance with the method stipulated in Article 1068 of the Civil Act, unless there are special circumstances. Thus, the defendants who made the registration of inheritance are obligated to implement the registration procedure for transfer of ownership with respect to each one-six shares of the real estate of this case to the plaintiff due to the testament

B. (1) In determining the Defendants’ assertion, the Deceased is deemed as not having good health to the extent that he could not distinguish persons due to dementia symptoms, etc., and the legacy of this case were made in a state of absence of mental capacity or in the Plaintiff’s speech and opinion.

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