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(영문) 서울서부지방법원 2018.04.06 2017나40096
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

Of each real estate listed in the attached list to the Plaintiff, Defendant B shall be 2.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on January 26, 2014, and Defendant B and Defendant C, the deceased’s heir, inherited by proxy the deceased’s her children, F, and the deceased’s her husband’s her husband’s her children (the deceased’s death on July 13, 201).

B. Around 2011, the Deceased prepared a notarial deed stating that each real estate listed in the separate sheet (hereinafter “instant real estate”) will be bequeathed to the Plaintiff, while the remaining 1/2 of the real estate will be bequeathed to the network E.

(hereinafter “instant legacy”). C.

On February 20, 2014, the Plaintiff completed the registration of transfer of ownership based on the legacy of this case under Article 8757, which was received by the High Government Branch of the High Government Branch of the High Government Branch of the High Court (No. 8757).

After that, on March 23, 2017, Defendant B completed the registration of ownership transfer for shares of 3/10 of the instant real estate on March 23, 201, and for shares of 2/10 of the instant real estate on the same day as Defendant C also completed the registration of ownership transfer for reasons of the instant testamentary gift in accordance with Ordinance No. 19599.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-6, Gap evidence 2-1, 2-2, Gap evidence 3-1-3, Gap evidence 4-1, 2, Gap evidence 5-1, 2-2, and the purport of the whole pleadings

2. Article 1089(1) of the Civil Act provides, “The testamentary gift shall not take effect if the testamentary donee dies before the death of the testator.” Since the fact that the testamentary donee, who is the testamentary donee, died earlier than the testamentary donee, is as seen earlier, the testamentary gift part on the deceased’s deceased E during the testamentary gift in this case has no effect.

Therefore, the registration of transfer of ownership in the name of the Defendants based on the legacy against the deceased’s deceased’s net E during the instant testamentary gift is invalid. Therefore, the Defendants are obligated to implement the registration procedure for cancellation of each transfer of ownership in the name of the Defendants to the Plaintiff, barring special circumstances.

3. Judgment on the defendants' assertion

A. The defendants' assertion.

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