(영문) 의정부지방법원 2013.08.16 2013가단2467

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(영문) 의정부지방법원 2013.08.16 2013가단2467

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C had the Plaintiff, Defendant, and E under the chain of marriage with D, and owned each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. C was hospitalized at an Gyeong National University Hospital from October 29, 2008 to December 1, 2008 due to strokes, etc., and was hospitalized at the Gyeong National University Hospital from October 29 to December 1, 2008, and was discharged thereafter and died on December 20, 2009.

C. Meanwhile, on October 31, 2008, on the other hand, the deceased C (hereinafter “the deceased”) drafted a testamentary deed (hereinafter “notarial deed of this case”) with No. 2551 of the No. 2008, by a notary public, to the effect that the Defendant, who was the son of this case, bequeathed each of the instant real estate to the Defendant.

After that, the defendant completed the registration of ownership transfer on each of the instant real estate based on the authentic deed of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 7, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was made in the state of his/her capacity or mental disorder, or was made by a false conspiracy between the deceased and the Defendant, and thus becomes null and void. As such, the Defendant primarily bears the duty to cancel the registration of ownership transfer completed with respect to shares of 2/9, which correspond to the Plaintiff’s inheritance shares among each of the instant real estate. Even if not, as the Plaintiff’s testamentary gift against the Defendant on each of the instant real estate was infringed, the Defendant is obligated to return ownership of 1/9 shares out of each of the instant real estate to the Plaintiff.

B. First of all, the Plaintiff’s primary argument was prepared in the state of the deceased’s mental disorder solely on the basis of the following: (a) the statement of evidence No. 6 on the Plaintiff’s primary argument;

If the deceased and the defendant conspired with each other, the notarial deed of this case is made falsely.

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