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(영문) 서울중앙지방법원 2017.06.22 2016가합579635
소유권말소등기
Text

1. The plaintiff (Counterclaim defendant)'s primary principal claim, the conjunctive principal claim, and the defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

1. Determination on the main claim

A. On July 26, 2014, the basic facts 1) C (D) died from a parous shock, etc. (hereinafter “the network”).

(2) On February 8, 2013, a notary public prepared a testamentary document stating that the instant real estate owned by him/her shall be bequeathed to the Defendant by a notary public of Korea No. 920 on February 8, 2013, as the inheritor at the time of the deceased’s death.

(3) After the death of the deceased, the Defendant completed the registration of ownership transfer on the instant real estate based on testamentary gift on September 15, 2014. [In the absence of any dispute over the grounds for recognition, Gap’s entries in subparagraphs 1 through 5, Eul’s evidence Nos. 1 and 28, and the purport of the entire pleadings, as a whole.

B. 1) The gist of the Plaintiff’s assertion is that the testamentary gift of this case was made in a state without the deceased’s ability to perform its original intent, and thus, the Defendant is obligated to perform the procedure for registration of cancellation of ownership transfer with respect to 1/2 shares out of the real estate owned by the Plaintiff to the Plaintiff. 2) The will by a notarial document is sought by the testator in the presence of a notary in the presence of a notary in which two witnesses participate, and the notary shall write down and read the testament, and then the testator and the witness shall sign and affix their seals,

(Article 1068 of the Civil Act) According to the purport of Gap evidence No. 1 and all pleadings, the No. 1068 of the No. 1 of the No. 1 of the No. 1 of the No. 1 of the No. 1 of the No. 201 of the No. 201 of the No. 1 of the No. 201 of the No. 1 of the No. 201 of the No. 1 of the No. 201 of the No. 1 of the No. 2010

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