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(영문) 전주지방법원정읍지원 2015.06.17 2014가합845
유언무효확인 등
Text

1. The plaintiff's primary claim against the defendant C is dismissed.

2. Defendant B pays KRW 21,00,000 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died from Far on October 23, 2014, and as at the time of death, the deceased’s bereaved family member was the wife who reported marriage on November 25, 199 and Gar’s wife born on November 25, 199.

B. On September 30, 2013, a notary public E belonging to the Jeonju District Public Prosecutor’s Office: at the office of the above notary public, at the request of the deceased, a testamentary document stating that the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”) was bequeathed to the Defendant B, the deceased’s punishment, and that the details of the testament were read to the deceased, the witness I, and the J, and that the signature and seal was made to approve the accuracy of the entries of each deed (Article 333 of the notary public E office deed, 2013; hereinafter “notarial deed of this case”).

C. On October 27, 2014, Defendant B completed the registration of ownership transfer based on testamentary gift on the instant real estate on October 27, 2014; on October 29, 2014, Defendant C sold the instant real estate at the price of KRW 70 million; and on October 30, 2014, Defendant C completed the registration of ownership transfer on the instant real estate.

At the time of the deceased’s death, there was real estate in this case as active inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 17 (including each number; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The purport of the Plaintiff’s assertion is that the will by an authentic will of this case is not effective, since the will of this case was not capable of identifying the will of this case at the time of preparing the Notarial will of this case.

Therefore, the registration of transfer of ownership made in succession to Defendant B and C is null and void. Since the Plaintiff’s statutory share in inherited property is 3/5, Defendant C is based on the Plaintiff’s restoration of real name with respect to 3/5 of the share in the instant real property.

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