Text
1. The defendant shall be the plaintiff.
A. 55,486,030/2. 55,486,030/2.
Reasons
1. Basic facts
A. The status C (1923) and D (1929) were married couple, and they were E (1957), the Plaintiff (1959) and the Defendant (1961).
C died on June 22, 2011, and D died on November 26, 2012.
(hereinafter referred to as “the network” and “the network”). B.
The real estate listed in paragraph (1) of the attached Table 1, which is the inherited property of the deceased's inherited property net (hereinafter referred to as "real estate 1"), has been registered for transfer of ownership of 3/9 shares to D due to inheritance on December 19, 201.
C. On April 5, 2012, the deceased mother’s will D drafted a testamentary document stating that “The third/9 shares of the first real estate and each real estate listed in paragraph (2) of the attached Table 1’s Schedule 2 (hereinafter “real estate 2”) shall be bequeathed to the Defendant by a notary public” (hereinafter “instant testamentary document”) by a law firm Fix 212.
(hereinafter referred to as "real estate subject to legacy of this case") D.
The Defendant, on December 18, 2012, completed the registration of ownership transfer based on the legacy of November 26, 2012 with respect to the instant legacy on December 18, 2012.
[Ground of recognition] Evidence Nos. 1, 2, and 4-1, 2, and 8-1, 2, and 23 of Evidence Nos. 1, 2, and 23, and the purport of the whole pleadings
2. A claim for the registration of ownership transfer based on the restoration of authentic title with respect to the legacy of this case;
A. Since the will by the notarial deed of this case alleged by the plaintiff is null and void for the following reasons, the defendant is liable to implement to the plaintiff the registration procedure for ownership transfer on the ground of the restoration of the authentic name with respect to shares of 1/9 of the first real estate and shares of 1/3 of the second real estate, which correspond to the plaintiff's shares
① The deceased mother was prepared in a state without mental capacity, and the method of will by notarial deeds under Article 1068 of the Civil Act was lacking.
(2) The defendant