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(영문) 서울중앙지방법원 2011.05.26 2009가단501866
소유권이전등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 12, 1956, the network C reported marriage with the network D and became a legal couple, and the network D died on June 2, 1961.

B. The defendant was born in Jongno-gu Seoul on January 13, 1956 between the network C and the network D on January 13, 1956, and on June 1, 1957, the network D reported the birth and recorded on the family register.

On January 18, 1966, the plaintiff was born from the Hacheon-gun F of Chungcheongbuk-gun F, and was written as the mother C, but the statement in the division is written as a family register in the blank state.

C. The net C was registered as a resident of the instant real estate from October 13, 2005 to the date of his/her death while residing in G apartment 103 Dong 902, Seoul Special Metropolitan City, Nowon-gu.

The instant real estate was owned by the deceased C, but the Defendant, on September 6, 2008, jointly owned the shares of the Plaintiff and Defendant 1/2 on February 3, 2009, the Gangnam Branch of the Seoul Central District Court received on February 3, 2009, and completed a share transfer registration (hereinafter “share transfer registration”).

[Grounds for Recognition: Facts without dispute, Gap 1's evidence, Gap 6's evidence, Eul 1-1 to 3's evidence, purport of whole pleadings]

2. The plaintiff's assertion

A. (1) The Network C, on November 2, 2005, made a will by a self-certificate that all the property it owns will be bequeathed to the Plaintiff.

(2) Since the ownership transfer registration of this case is contrary to the will of the deceased C, it shall be cancelled due to the invalidity of the cause.

B. The Defendant or the husband of the Defendant, without the consent of the Plaintiff, was issued a certified copy or abstract of the Plaintiff’s resident registration and a certified copy of the register without due process.

(2) Since the ownership transfer registration of this case was made by using the documents acquired by the defendant as above, it is null and void in violation of the mandatory law.

3. Determination

A. (1) Article 1065 through Article 1070 of the Civil Act provides for the method of a will as to the assertion on the validity of a will based on the certificate of completion.

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