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(영문) 광주지방법원장흥지원 2016.06.15 2015가단3724
소유권이전등기
Text

1. The Plaintiff, among each real estate listed in the separate sheet, Defendant B’s share 3/13, Defendant C, D, and F, respectively, 2/13.

Reasons

1. Determination as to claims against Defendant B, C, D, and F

A. The claim display net G (hereinafter “the deceased”) died on April 17, 2010, and filed a claim for the registration of ownership transfer according to a will book prepared by the deceased on April 8, 2010.

Each judgement with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act)

2. Determination as to the claim against Defendant E

A. 1) The Deceased died on April 17, 2010 while he owned each real estate listed in the separate sheet. 2) Accordingly, the Defendant B (the heir share 3/13), the deceased’s spouse, and the Plaintiff, the Defendant C, D, E, and F (each inheritance share 2/13) who is the deceased’s spouse, became co-inheritors.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 2 through 5 (including branch numbers, if any) and the purport of whole pleading

B. Determination 1 on the cause of the Plaintiff’s assertion made a will on April 8, 2010 to donate each real estate listed in the separate sheet (Evidence A No. 1) to the Plaintiff on April 8, 2010 before the Deceased’s death. As such, Defendant E’s inheritance share on each real estate listed in the separate sheet was reverted to the Plaintiff according to the deceased’s will. Accordingly, Defendant E is liable to implement the procedures for ownership transfer registration on April 17, 2010 regarding 2/13 shares of each real estate listed in the separate sheet. (2) Determination that Article 1065 or 1070 of the Civil Act strictly prescribes the method of testamentary gift on April 17, 2010 to clarify the will of the testator and to prevent legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is null and void even if it conforms to the Plaintiff’s genuine intent.

Therefore, a will by a document of completion shall be effective only if the testator has signed and sealed the full text, date, address, and name pursuant to Article 1066(1) of the Civil Code, and the testator did not have the address.

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