logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.10.14 2019나325108
소유권이전등기
Text

1. The plaintiffs' appeal and the second preliminary claim added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. E owned each of the instant real estate, and died on August 3, 2018.

The heir of E (hereinafter referred to as “the deceased”) is the spouse A, the male non-party F, the female plaintiff B, the female plaintiff C, and the male and female defendant.

B. On July 31, 2018, the Deceased drafted a testamentary document stating that each of the instant real estate will be bequeathed to the Defendant (hereinafter “instant testamentary document”).

C. On August 31, 2018, the Defendant completed the registration of ownership transfer on the ground of testamentary gift under the Daegu District Court’s receipt of Gyeongsan District Court’s 33355, as to each of the instant real estate on August 31, 2018.

At the time of death, the Deceased owned 2/3 shares of G 1,17 square meters, 2/3 shares of H 559 square meters, 129 square meters in the G 1,17 square meters, as well as each of the instant real estate (hereinafter “the instant remaining real estate”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 18 through 20, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The principal claim and the 1st preliminary claim 1) The notarial deed of this case do not have effect on the following grounds, but the defendant completed the registration of transfer of ownership in the name of the defendant on the basis of each of the real estate of this case. (A) The notarial deed of this case is prepared in a state where the deceased is incapable of performing his/her duties, and thus, it is not effective

B. On July 25, 2018, the deceased’s heir was born to the J Council that was hospitalized before the deceased’s death, and the deceased’s death, each of the instant real estate is divided into F and the Defendant, one of his children, and the remainder of the instant real estate was divided into two parts. On August 11, 2018, the deceased’s heir consulted on the inherited property by dividing the Plaintiff B and C, who is his father, and then confirmed the said agreement again by the F and the Plaintiff B, C, and the Defendant.

arrow