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(영문) 수원지방법원 2020.04.23 2018가합27341
소유권이전등기
Text

1. The plaintiffs' primary claims against the defendants are all dismissed.

2. The plaintiff A and B:

A. Defendant E and F.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) owned 1/3 shares of the real estate listed in the separate sheet Nos. 1 through 12 and the real estate listed in paragraph 13 of the same list as the real estate listed in the separate sheet No. 1 through 13 (hereinafter “each of the instant real estate”). At the time of the death, the deceased’s heir died on December 28, 2017. At the time of the death, the deceased’s heir, I, A, B, Defendant E, F, and D, who are the grandchildren of the deceased, are the children of the Plaintiff C, D, and D, who are his father’s father. On July 13, 200 before the deceased’s death, K had already died on July 13, 200, and the said Plaintiffs became the heir by inheritance by substitute under Article 1001 of the Civil Act.

B. On December 18, 2017, the Deceased: (a) a notary public, as the document 2017 deed 808, drafted a testamentary document (hereinafter “instant testament”); (b) a notary public, as the document 1 to 11 of the attached Table No. 1 to 2017, bequeathed each of the real estate listed in the attached Table No. 1 to 2017, to Defendant E and F; and (c) a testamentary document (hereinafter “instant testament”) of the real estate listed in the attached Table No. 12 of the attached Table No. 13, which bequeathed one-third of the real estate listed in the attached Table No.

C. On May 21, 2018, with respect to each real estate listed in the separate sheet Nos. 1 through 11, the registration for transfer of ownership due to legacy in Defendant E and F’s name on December 28, 2017, respectively, and the registration for transfer of ownership due to legacy was completed on May 21, 2018 with respect to one-third of the real estate listed in the separate sheet No. 12 as indicated in the separate sheet No. 13, the registration for transfer of ownership due to legacy was completed on December 28, 2017 under Defendant G’s name.

[Based on Recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each number), Gap evidence No. 4, 5, Gap evidence No. 7-1, 2, Gap evidence No. 8, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment as to the main claim

A. Since the plaintiffs' assertion of this case's will is invalid for the following reasons, the transfer of ownership in the name of the defendants who completed each of the real estate of this case is registered accordingly.

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