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(영문) 대전지방법원천안지원 2019.02.15 2018가합102266
소유권확인
Text

1. Between the Plaintiff and the Defendant:

A. Of the real estate listed in No. 1 of the Schedule 2, 9,216.215/12,522 shares are the Plaintiff.

Reasons

1. Basic facts

A. The network D, the owner of each real estate listed in the separate sheet No. 2 (hereinafter “each of the instant real estate”) (hereinafter “the deceased”) died on November 19, 2015.

B. As the deceased’s heir, the deceased’s wife E (FF, the deceased’s death after September 8, 2017) and the Plaintiff, Defendant, and C, who are their children.

C. After the death of the deceased, the Plaintiff discovered the same contents as the attached Form 1 (hereinafter “instant will”).

On May 19, 2016, the Plaintiff received a testamentary inspector as the Daejeon Family Court Branch of 2016 Madan214 on the instant testamentary book, and both the Plaintiff, the Defendant, the deceased, and C were present at the procedures for the testamentary inspector.

E. On April 27, 2018, the Plaintiff filed a lawsuit seeking confirmation of the validity of the instant will (this Court 2016Gahap10555) with respect to the instant will, and this court rendered a judgment on April 27, 2018 that the will by the instant will (hereinafter “instant will”) is valid, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The content of the Plaintiff’s will is as follows. Ultimately, it is stated in the purport of the claim.

Meanwhile, the testator died on November 19, 2015, and the will becomes effective upon the death of the testator. Thus, the will of this case became effective upon the death of the testator.

In addition, since the defendant claimed that the ownership of each real estate of this case belongs to the plaintiff, the plaintiff has a benefit of confirmation.

Therefore, the Plaintiff seeks to confirm the contents of the instant will, such as the written purport of the claim, against the Defendant.

① According to the instant will with respect to the real estate listed in No. 1 of the [Attachment 2] list (hereinafter “real estate No. 1”), the Defendant and C among the real estate No. 1, respectively, shall reach 500 square meters, and the remainder shall be the Plaintiff.

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