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1. The plaintiff (appointed)'s claim is dismissed.
2. Date of October 16, 2013 of this Court
Reasons
1. Basic facts
A. The Plaintiff et al.’s inheritance-related B (hereinafter “the deceased”) died on March 10, 2004. The heir is C, a woman E, a woman selectioner F, a woman selectioner G, a woman selectioner G, and the Plaintiff (hereinafter “Plaintiff”, and when they are jointly referred to as “Plaintiff, etc.”). On November 15, 1994, the deceased’s heir at H’s South-North Ha of the deceased deceased on November 15, 1994, the deceased’s wife as the wife of H, i, South son, J, and k, a woman.
B. On October 4, 2003, a testamentary gift No. 4065 (hereinafter “instant testamentary gift”) was drawn up by a notary, in Daegu, a law firm, a testamentary deed No. 4065 (hereinafter “instant testamentary deed”) was drawn up on October 4, 2003, stating that “At the request of a testator B, a witness L and M shall be present at the will, and L shall be designated as an executor, and a notary shall testamentary gift of each real estate listed in the attached list owned by the deceased (hereinafter “each of the instant real estate”).
C. When the deceased died in the name of J, the J completed the ownership transfer registration based on testamentary gift on March 10, 2004 (hereinafter “the ownership transfer registration of this case”) with the Daegu District Court No. 12323, Aug. 20, 2004, which was received on August 20, 2004.
On October 2007, I entered into a loan agreement with the Defendant to the extent of KRW 280 million. On November 27, 2007, J completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with respect to each of the instant real property to the Defendant on November 27, 2007, with respect to the maximum debt amount of KRW 336 million, the debtor I, and the mortgagee I, as the Defendant.
E. On January 28, 2010, the Plaintiff et al. cancelled the ownership transfer registration of this case on the premise that a will by an authentic will of this case is null and void by an authentic will of this case against J on January 28, 2010.