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Defendant B shall record the real estate stated in the attached list of the main claim against the Plaintiff (Counterclaim Defendant) in the attached list of the main claim.
Reasons
1. Determination as to the claim against the defendant B
(a) Indication of claims: In addition to the description of the grounds for the claims;
(b) Applicable legal provisions: Judgment deemed to be a confession (Article 150(3) and (1) of the Civil Procedure Act);
2. The Plaintiff and the Defendants, who are the children of the network E (hereinafter “the Deceased”) to determine the claim against Defendant C as to the principal claim, were the co-inheritors of the Deceased. On June 4, 2018, the Deceased decided on the Plaintiff’s testamentary gift to the Plaintiff of the real estate indicated in the attached list of the principal claim, which is the property of the Deceased (hereinafter “the instant real estate”).
Claimant against Defendant C, one-third of the shares equivalent to the shares inherited by Defendant C out of the above real estate is sought to implement the procedure for registration of transfer of shares based on testamentary gift.
As alleged by the Plaintiff, as to whether the deceased made a will by means of a written self-written will, the Plaintiff submitted a testament (Evidence No. 1) with the professional date and the name and address of the deceased as well as the name of the deceased as the testament (Evidence No. 1) with respect to whether he/she bequeathed all the real estate recorded in the counter-written list, including the instant real estate, to the Plaintiff as to whether the deceased had made a will pursuant to the self-written self-written statement, and there is insufficient evidence to acknowledge this differently, and there is no other evidence to prove this.
Therefore, the plaintiff's claim of this case, which is premised on the will by the deceased's writing of his own writing, is without merit (the plaintiff's claim of this case cannot be determined on the premise that the plaintiff's claim of main lawsuit is accepted).