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(영문) 의정부지방법원고양지원 2020.07.10 2019가합71762
소유권이전등기
Text

Of each real estate listed in the separate sheet, the Defendant:

A. As to the Plaintiff A’s share of 84/10,000:

B. Plaintiff B: 395.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on January 4, 2019. The deceased died on January 4, 2019. The heir is either the Plaintiff, who is the wife of the deceased, and his/her children, and the Defendant.

B. On December 31, 2018, the Deceased prepared a testamentary deed stating the testamentary gift of each of the instant real estate owned by the Deceased to the Defendant (hereinafter “instant will”) by a notary public on December 31, 2018, as stipulated in Article 672 of the Law Firm G Deed 2018.

C. On February 13, 2019, the registration of ownership transfer was completed on January 4, 2019 in the name of the Defendant on each of the instant real estate.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleading

2. Judgment as to the main claim

A. The plaintiffs' assertion is not only made in the situation where the deceased has no mental capacity, but also it cannot be deemed that the deceased received the intent of the will of this case in the presence of a notary public or made a direct signature or seal in the presence of a notary public, and thus it is null and void as it is contrary to Article 1068 of the Civil Act and Article 38

Therefore, the defendant is liable to implement the procedure for the registration of ownership transfer for the recovery of inheritance as stated in the primary claim as to each of the real estate of this case to the plaintiffs who jointly inherited each of the real estate of this case.

B. According to the evidence No. 5 of the judgment No. 1, whether the deceased had a mental capacity at the time of the instant will, the deceased was found to have died on January 4, 2019, while he was hospitalized in a H hospital due to the aggravation of the pulmonary difficulty rate due to the aggravation of the pulmonary symptoms on December 25, 2018, while he was administered as dypump cancer, but the deceased was found to have died on January 4, 2019. However, the records No. 5, No. 2, No. 18, and No. 5, and No. 2, and No. 18, the result of the inquiry by the notary public

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