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(영문) 서울고등법원(춘천) 2015.06.10 2013나3007
공정증서무효확인
Text

1. Upon a claim for a change in exchange at the trial, the defendant shall each of the real estates listed in the attached list to the plaintiff.

Reasons

Details of registration of transfer of ownership by will and testamentary gift;

A. The deceased C (hereinafter “the deceased”) married with K and composed of five copies, including the Plaintiff, Defendant, L, M, and N. The Plaintiff is the remainder of the Plaintiff, and the Defendant is the south of Korea.

B. On May 12, 1997, the Deceased prepared a testamentary document stating that a notary public will will testamentary gift of the real estate listed in the attached list (hereinafter collectively referred to as “instant real estate”) to the Defendant by means of No. 684, the Hanwon General Law Firm Deed No. 1997 (hereinafter referred to as “instant testamentary document”). The executor of the instant will and witness column of the notarial deed are D and E put their signatures and seals in the witness column.

C. On July 22, 2011, the Deceased died. At that time, the deceased’s spouse K had already died, and thus, the original Defendant, L, M, and N5 jointly inherited one fifth share of the deceased’s property.

The Defendant completed the ownership transfer registration on the instant real estate based on a testamentary gift dated 22, 201 (hereinafter “instant registration”) issued on November 28, 201, from the Cheongju District Court Branch, No. 54776, Nov. 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the summary of the plaintiff's assertion of the purport of the whole pleadings, which failed to meet the requirements and methods stipulated in Article 1068 of the Civil Code, and thus, the will thereby becomes null and void.

Therefore, since the registration of this case based on it is null and void of the cause, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to one fifth share of the plaintiff's legal share among the real estate of this case to the plaintiff

Judgment

Article 1060 of the Civil Code explicitly provides that " will shall not take effect unless it is in accordance with the method stipulated in this Act" that the will is a strict act, and Article 1068 of the Civil Code provides that the will shall be an act of will.

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