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(영문) 수원지방법원 2020.08.18 2019나5854
소유권이전등기말소 등
Text

The judgment of the first instance shall be revoked.

2. The defendant shall be located within 11,961 square meters of land and 138 square meters of land and 11,961 square meters of land in Ansan-gu, Ansan-si.

Reasons

1. Facts of recognition;

A. E (hereinafter “the deceased”) died on December 22, 2017, and his/her children are Defendant (Namnam), Plaintiff (Namnam), H (Seoul), and J (J).

B. On January 28, 2010, the Deceased prepared a notarial deed as to a will to legacy with a size of 12,099 square meters for the Defendant, which is the F. 235.4 square meters in Ansan-si, Ansan-si, the Plaintiff, and the Plaintiff with respect to the building on the land, and a testamentary gift with a size of 3,273 square meters in Ansan-si, Ansan-si, the Plaintiff prepared for a notarial deed as to a testamentary gift with H (hereinafter “the first testament”).

(I Certificate of Joint Office of Notary Public, No. 118, 2010).

On November 17, 2011, the Deceased prepared a testamentary document stating that he testamentary gift of 235.4 square meters of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title

(No. 1506 of the above Joint Office Deed, No. 201, No. 1506, hereinafter collectively referred to as "the second will of this case").

On December 28, 2016, the area of 12,099 square meters for C forest land in Ansan-si was divided into 138 square meters for C forest land and 11,961 square meters for D forest land.

E. The Defendant isRa on June 20, 2018.

On December 22, 2017, with respect to each forest land of this case (hereinafter “instant real estate”), the ownership transfer registration based on legacy was completed on December 22, 2017 (hereinafter “instant ownership transfer registration”).

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's summary of the plaintiff's assertion asserts that since the deceased withdraws the first will of this case which had been existing by making the second will of this case, the defendant's registration of transfer of ownership of this case with respect to the real estate of this case is null and void by the withdrawn will.

B. We examine the judgment as follows. The above evidence Nos. 13 through 16 of the evidence and the purport of K’s testimony and oral argument are as follows.

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