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(영문) 서울중앙지방법원 2018.03.08 2016가단145837
소유권이전등기말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) died on December 10, 2006, and the Plaintiff, the Defendants, and I are children of the deceased.

B. On July 14, 2005, a notary public drafted a testamentary document stating that “The deceased withdraws the testamentary document No. 12457, 2002, and ② the deceased withdraws the testamentary document No. 12456, Dec. 12, 2002, according to the testamentary document No. 2002, the testator J will No. 12456, and the land of this case shall testamentary gift with 1/5 shares to the Defendants” (hereinafter “instant testamentary document”), and the Deceased died on December 106.

C. Since then, on March 10, 2016, the Defendants completed each share transfer registration based on the said testamentary gift regarding one-five shares of the instant land on the basis of the instant testamentary deed. On the same day, the Defendants completed the registration of ownership transfer based on the sale on February 19, 2016 for each share of Defendant B, C, E, and F.

【Uncontentious facts, Gap’s evidence 1, 2, Eul’s evidence 1 and 2, the purport of the whole pleadings

2. The Defendant’s judgment on the main defense of the Defendant’s main defense is the main defense only in the documents for reference submitted on February 13, 2018 after the closing of argument, but the said judgment is also made.

The defendant withdrawn the deceased's intention to testamentary gift of this case to Defendant E and again prepares for the Defendants to testamentary gift. If the testamentary gift of this case is null and void, the land of this case eventually becomes testamentary gift to Defendant E, and there is no share of inheritance to the plaintiff. Thus, the lawsuit of this case is unlawful since there is no legal interest in dispute over the invalidity of the testamentary gift of this case against the plaintiff.

However, the above reasons asserted by the defendant are to determine whether the plaintiff has the right to claim cancellation.

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