2014Gadan37944 Registration of ownership transfer by testamentary gift

A person shall be appointed.

1. B

2. C

Defendant 1 and 2 Attorney Park Jung-hwa et al., Counsel for the defendant-appellant

3. D;

October 16, 2015

November 2015 20.

1. The plaintiff's claims against the defendants and the defendant (designated parties) are all dismissed.

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

Defendants and Defendant (Appointed Party) D, Appointed E, F, and G are real estate in the attached list to the Plaintiff.

on March 18, 2004, the procedures for the registration of ownership transfer due to legacy will be implemented.

1. Basic facts

A. The deceased A (hereinafter referred to as "the deceased") owns the real estate listed in the separate sheet on December 2004 while the deceased owned it.

28.Death.

(b) E (Inheritance 3/13), Mabirs B (Death September 2, 200), the spouse of which is the deceased.

Defendant B (1/13 of the shares in inheritance by representation), C (1/13 of the shares in inheritance by representation), and Defendant (Appointed Party);

F (Inheritance shares 2/13), G (Inheritance shares 2/13), G (Inheritance shares 2/13), and South-North vessels

Ma (Inheritance 2/13), 3 women, Plaintiff A (Inheritance 2/13) became co-inheritors of the deceased.

【Uncontentious facts, entry of Gap 1 through 6, and evidence 8, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion

Before the death of the deceased, a copy of the self-certificate of March 18, 2004 in the attached list (No. A7) by the deceased.

Since a will to donate movable property to the plaintiff, the attached list shall be attached according to the deceased's will.

the shares of the Defendants and the designated parties related to Busan shall belong to the Plaintiff, and the purport of the claim shall be stated therein.

The above assertion argues that the transfer registration should be made.

B. Determination

If the method of will is strictly provided by section 1065 to section 1070 of the Civil Code, then the method of will shall be strictly provided.

For the purpose of clarifying the truth of the testator and preventing its legal disputes and confusion;

A will contrary to the statutory requirements and methods shall be null and void even if it conforms to the authentic will of the testator.

Therefore, in accordance with the provision of Article 1066(1) of the Civil Act, the testator shall do so.

The full name, date, address, and name shall be signed and sealed only, and the testator’s address shall be the person concerned.

would not deny its effect as a will to be contrary to the statutory requirements and methods.

No person may be deemed otherwise unless the testator’s specification is hindered (Supreme Court Decision 26 September 26, 2014)

See Supreme Court Decision 2012Da71688 Decided 2012

With respect to this case, under the title of the will of the deceased (No. A. 7)

“Self-owned housing (referred to as Eunpyeong-gu △△dong** * ** O loan** *)

inheritance. A. A. A. duty to support after the death of her husband until the death of her wife.

Pursuant to the Specialized Act, 'Clerks', March 18, 2004, 'I am I am I am I am I am I am I am I am I am I am I.

The body in which each deceased appears to be the body of the deceased of this title, and after which a seal is affixed by the name, shall be affixed;

There is no indication of " Address", and in the envelope A and in the envelope A, the statement of the will;

The letter of will, therefore, did not meet the legal requirements and methods.

Therefore, it is difficult to see that it is effective as a will, and any other fact of testamentary gift of the plaintiff is recognized.

Since there is no evidence, the plaintiff's assertion cannot be accepted.

3. Conclusion

Thus, the plaintiff's claim against the defendants is dismissed in its entirety on the ground that it is without merit.

It is so decided as per Disposition.

Judges nationwide;