Cases
2016Dives20032 Division of Inherited Property
Claimant
1. Gap (the 1967 Lifelong, Female); and
2. B (the life in 1967, the female)
3. Sick (Law No. 1970s, Southern)
Attorney Lee Do-young
Other Party
prescribed (196), 196
Attorney Lee Do-young
Subagent of lawsuit
Principal of the case
Network A
2016. *. * Death
Final Address
Reference domicile
Imposition of Judgment
July 20, 2017
Text
1. The appeal of this case is dismissed.
2. The cost of a trial shall be borne by each person.
Purport of claim
Each real estate listed in the attached list (hereinafter referred to as "the inherited property of this case") shall be attached to the auction and the remaining amount after deducting the auction expenses from the proceeds of the auction shall be divided into a non-ratio of 1/4 shares to the claimant and the other party.
Reasons
1. The confirmation of the inheritor and statutory inheritance shares;
(a) The date of the death of the decedent A (hereinafter referred to as "the decedent"): the date of death of the decedent* *. *:
(b) Family relations of the inheritee;
Lineal descendant: Other party, claimant A, claimant B, claimant C,
(c) Succession and statutory shares in inheritance;
The claimant and the other party shall be co-inheritors as a lineal descendant of the inheritee, and the statutory share of the inheritance shall be 1/4 each.
[Ground of recognition] Unsatisfy, Gap 1 and 2, the purport of the whole interrogation
2. Inherited property of the inheritee;
At the time of death, the decedent owned the inherited property of this case.
3. The assertion and judgment
A. The assertion
With respect to the adjudication on the division of inherited property, the claimant does not have a smooth consultation with the other party for the division of the inherited property of this case, and the other party asserts that the other party bequeathed the inherited property of this case to the other party by means of will made on May 10, 2016 by means of a testament pursuant to the process certificate.
B. Determination
Comprehensively taking account of the descriptions in Eul 1 through 4 and the overall purport of the examination, it is recognized that the defendant prepared a testament of this case that "after the attorney-at-law in charge attends Kim***, Han00 at the law office located in Busan Metropolitan Government on May 10, 2016 as a witness, the defendant will of this case" that "after the defendant attends the law office located in Busan Metropolitan Government as a witness, he will of this case to the other party," and that the other party has completed the registration of transfer of ownership on the inherited property of this case due to the testament of this case according to the above will.
A notary public or a member of a joint legal office authorized to conduct notarial affairs, has the presumption of the authenticity of the statement that he/she directly heard at the request of the client or the client's agent, the fact that he/she saw, and other documents on notarial affairs stating the fact that he/she tested (see Supreme Court Decision 94Nu2046, Jun. 28, 1994). There is no evidence to reverse such presumption, such as that the notarial deed of this case was forged or the notarial deed was prepared in the state where the notarial deed was lost the notarial deed of this case (in the case of the result of fact inquiry with respect to an affiliated hospital of an affiliated university of this Court, the highest * * from May 12, 2016 to May 19, 2016).
Therefore, all of the inherited property of this case was bequeathed to the other party, and the claimant's appeal of this case on the premise that the will by an authentic will of this case is null and void is without any need to further examine the remaining points.
4. Conclusion
Thus, since the claimant's claim for the adjudication of this case is without merit, all of the applications are dismissed, and the circumstances where the inherited property of this case belongs to the other party, and the other party submits a testamentary document, etc. in the lawsuit of this case, the trial costs shall be assessed against each party, and the judgment as per the order
Judges
Judges of the presiding judge;
Judges already appointed
Judges Lee Jae-chul
Site of separate sheet
List of Real Estate
Not more than 10