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(영문) 서울행정법원 2015.04.03 2014구합60726
경정청구거부처분 취소청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty B owned 1/2 shares of the Dongdaemun-gu Seoul Metropolitan Government 299m2 and the above 4-story neighborhood living facilities and housing (hereinafter the above land is referred to as “instant land”; the above building is referred to as “instant building”; and the land and the building in this case collectively referred to as “each of the instant real estate”).

B. B’s child includes D, E, F, G, Plaintiff, H, and I. On December 26, 2003, upon B’s commission of a testamentary certificate, a testamentary document stating that “the testator B, donee F, and testament: the testator’s co-ownership of each of the instant real estate shall be testamentary gifted by one half of the testator’s co-ownership among the instant real estate,” which was written by the notary on January 26, 2005.

C. On January 26, 2005, at the request of B’s certificate of testament, a testamentary document was drawn up in the presence of the witness J and K in the presence of the witness J and K on January 26, 2005, stating that “the testator B, the donee, the plaintiff: the content of the will: 3/149.8/149.8 of the testator’s shares out of each of the instant real estate, and 1/2 of the building, shall testamentary gift to the testamentary donee” (hereinafter “notarial deed of this case”).

B died on January 12, 2014, and thereafter, on April 30, 2014, L attorneys-at-law, the Plaintiff’s agent, sent a written request for cooperation to the effect that “B wanted to testamentary gift all 1/2 shares of the land in this case to a notary public’s office (hereinafter “instant notary public’s office”), and only 3/149.8 shares in the instant testamentary deed are written as testamentary gift, and thus, the content is corrected.”

E. Accordingly, M&D’s attorney affiliated with the notary public’s office of this case is deemed to be an obvious clerical error or omission in the text and text as a result of the review by the members attorneys of the notary public’ office of this case on May 8, 2014.

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