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(영문) 대구지방법원 2019.01.30 2018나303682
소유권이전등기
Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. Basic facts

A. The family relationship network G, such as the network G, was married with Defendant B and placed Defendant C, Defendant D, network H, and network I under the chain, and died at the K Hospital located in Busan-siJ on March 25, 2017.

The network H was married with the co-defendant E of the first instance trial, followed by the co-defendant F of the first instance trial and the plaintiff, and died on April 20, 2005.

The network I died on January 1, 1994.

B. On March 20, 2017, the deceased G’s will network G made a will (hereinafter “instant will”) with the content that a notary public, from among the participation of the witness L and M in the second floor of K Hospital 206 Byung, he/she bequeathed each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by himself/herself by means of a notarial deed No. 73, 2017, to the Plaintiff (hereinafter “instant will”).

C. The deceased G’s heir’s inheritance ratio and the Defendants jointly inherited the network G with the co-defendant E and F in the first instance trial. Each inheritance share is 4/63, Defendant B’s 21/63, Defendant C and D respectively.

Of each real estate of this case, Defendant B completed the registration of ownership transfer due to each inheritance with respect to shares of 21/63, as to shares of 14/63, and shares of 14/63.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff received a testamentary gift from the Plaintiff G by the instant will. However, the Defendants completed the registration of ownership transfer on the inheritance shares among each of the instant real estate due to inheritance. Therefore, the Defendants are obligated to perform the registration procedure for ownership transfer as to each of the instant real estate inheritance shares among the instant real estate according to the instant will. (2) The Defendants’ will is a testamentary method by the authentic document stipulated in Article 1068 of the Civil Act.

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