(영문) 서울중앙지방법원 2014.05.16 2013가단225909

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(영문) 서울중앙지방법원 2014.05.16 2013가단225909

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Text

1. The defendant,

A. 1/15 of each of the real estate listed in the Schedule 1 and 2 to Plaintiff A, shall be referred to as “I,” respectively.

Reasons

1. Facts of recognition;

A. On March 17, 2011, before the death, the Plaintiffs and the mother of Nonparty E (hereinafter “the Deceased”) drafted a testamentary document with the following content:

(hereinafter referred to as each of the instant 1, 2, 3 authentic deeds). The subject matter of the authentic testamentary gift No. 1 of this case: One fifth of the co-ownership of the Deceased's co-ownership among the real estate listed in the attached Table No. 1/5 of the deceased's co-ownership among the real estate listed in the attached Table No. 2 of the attached Table No. 1: The Deceased shall make a legacy each of the said testament

Executor: The subject matter of the testamentary gift No. 2 of this case: The deceased shall testamentary gift all of the subject matter of the testamentary gift No. 3 of this case to the plaintiff B.

The executor of the will: 1/92 of the deceased's co-ownership shares in the attached list 5 of the real estate listed in the attached list 4 (=0.5.92/92) among the real estate listed in the attached list 5 of this case: The deceased's co-ownership of 0.5/92 of the deceased's co-ownership: The deceased shall testament each of the above testamentary gifts to the plaintiff A and E, respectively.

Executor: Defendant

B. After that, the Deceased died on March 11, 2012 at around 17:21.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, the executor of the will, barring special circumstances, is obligated to implement the registration procedure for transfer of ownership on the ground of testamentary gift on March 11, 2012 as to the real estate listed in the separate sheet 1 and 2, 1/15 of each of the real estate listed in the separate sheet 4, 1/184 of the real estate listed in the separate sheet 4, 0.5/184 of the real estate listed in the separate sheet 5, 1/185 of the real estate listed in the separate sheet 1 and 2, 1/15 of each of the real estate listed in the separate sheet 1 and 2, and 3 of each of the real estate listed in the separate sheet 1 and 2.

3. As to the defendant's assertion, the defendant is between the plaintiffs, the heir of the deceased, and E.

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