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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the wife of the network C, and the Defendant is the wife of the network C and the Plaintiff, and the Defendant is the wife of the network D and the Plaintiff. The network C died on November 25, 2001, and the network D died on October 25, 2007. (2) The network D was married with E on June 22, 1983, and was divorced on August 29, 1986, and a F G (U.S. name H) was born between the network D and E, and the birth was not reported at the time of birth.
3) On November 20, 2007, G filed a lawsuit against the prosecutor demanding recognition by the Seoul Family Court 2007da106736, and was sentenced by the above court on January 30, 2008, that “G is recognized as the deceased’s father,” and the above judgment became final and conclusive at that time. B. The registration network D of a commercial building on February 27, 1996 (hereinafter “instant commercial building”).
(C) On November 6, 2001, a notary public prepared, signed and sealed the testamentary book (hereinafter “the testamentary book of this case”) with the Ministry of Justice No. 7209 on November 6, 2001, and the approval procedure for the testamentary book was completed under the Seoul Family Court Decision 2007Ra9271 after the deceased C’s death. The above testament contains the following: “The monthly age of the commercial building of this case, he received, and the monthly age of the underground room and the first floor (cafeteria) of the commercial building of this case, which he received, shall be received from his wife (Plaintiff), and the remainder shall be received from D.”
2) On March 8, 2002, the network D consented to the Plaintiff’s consent on March 8, 2002 that “D agrees to the Plaintiff’s execution and receipt of the lease right and monthly rent on the Subdivision and the 1st floor (cafeteria part) of the instant commercial building until the Plaintiff’s survival (hereinafter “instant consent”).
D. After the death of the network C, the network D is called “the instant store” and “the first floor (cafeteria) of the instant commercial building, and it is against the branch floor.