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(영문) 서울고등법원 2016.01.13 2015나2041396
손해배상(국)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The network D (hereinafter “the network”) list in the annexed sheet

1. A list of land to be entered and annexed sheet;

2. Each of the 1/2 shares of the indicated buildings (hereinafter “instant land” and “instant building”) was owned.

B. The deceased’s children were E, F, G, H, I, and J. On December 26, 2003, a testamentary document stating that “the deceased, the donee G, and the contents of a will: the testator’s co-ownership among the instant land and buildings, shall be testamentary gifted to the testamentary donee at the request of the deceased on December 26, 2003.”

C. After that, on January 26, 2005, the deceased withdrawn the will by a testamentary document as stated in the above Paragraph (b) and entrusted the above legal office with a testamentary document to the witness L/M as the witness of the law office No. 2005 No. 133 on the same day, a testamentary document stating that “the deceased, the donee, the plaintiff, and the contents of the will: 3/149.8/149.8/2 of the shares owned by the testator, among the land and buildings in this case, and 1/2 of the building, shall testamentary gift to the testamentary donee” (hereinafter “notarial deed of this case”). At the time, the lawyer in charge of the authentication of the above legal office was the defendant joining the defendant.

The Deceased died on January 12, 2014, and thereafter, on April 30, 2014, the Plaintiff sent to the above office a written request for cooperation to the effect that “the Deceaseds desire to testamentary gift all 1/2 shares of the instant land,” and that only 3/149.8 shares of the instant land are indicated as the subject of testamentary gift.” However, the Defendant’s Intervenor C, an attorney at the said legal office, cannot make ex officio rectification because it is difficult to view the entry of the said property as an obvious clerical error or omission in the language and text in the testamentary gift document of this case. Since the Deceased, who is a testamentary donee, has already died, he is the universal successor of the Deceased.

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