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(영문) 부산지방법원 2021.03.04 2019가단336670
소유권말소등기
Text

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. On April 26, 2019, the deceased A (hereinafter “the Deceased”) died and jointly succeeded to Defendant C, D, E, F, and net G, a child.

B. As to each of the real estate listed in the separate sheet owned by the deceased, the ownership of the pertinent real estate stated in the purport of the request made in the name of the Defendants was completed on the ground of a testamentary gift on April 26, 2019, respectively.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2-1, 2, Eul evidence No. 1, Eul evidence No. 2-2, Eul evidence No. 2-1, Eul evidence No. 2-1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) On September 15, 2014, the Plaintiff (A) drafted a testamentary process certificate to the effect that a notary public bequeathed the instant real estate to Defendant C as of April 26, 2019, under the H Joint Law Office’s No. 187, the notary public: (a) a testamentary process certificate to the effect that the instant real estate will be bequeathed to Defendant D; (b) a testamentary process certificate to the effect that the instant real estate will be bequeathed to Defendant D; and (c) the Defendants completed the registration of the transfer of ownership of each of the instant real estate in accordance with the said testament’s official document.

(B) However, on July 13, 2018, the Deceased drafted a testamentary process certificate to the effect that, as a notary public’s I Office No. 1139, each of one-half shares of the instant real estate is bequeathed to E and F, other children, and that the Plaintiff is designated as the executor of the will.

(C) As above, the Deceased’s preparation of a testamentary process certificate different from the previous content on July 13, 2018, and withdrawal of the Defendants’ intent of the existing testamentary gift. As such, the registration of ownership transfer of each Defendants’ respective registrations is completed by the testamentary gift withdrawn, and thus, the invalidity of the cause is registered.

Therefore, the Defendants are obliged to perform the registration procedure for cancellation of the previous class of ownership to the Plaintiff.

(2) The Defendants (A) are patients with severe dementia at the time of a will by the process deed on July 13, 2018, and there remains no “ ability to understand the language and control the whole process of will.”

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