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(영문) 서울중앙지방법원 2014.04.17 2012가합25550
소유권이전등기말소 등
Text

1. For the plaintiffs:

A. The Defendants are 1/4 shares among the real estate listed in the separate sheet No. 1 and 2.

Reasons

Basic Facts

Plaintiff

A and the network H (Death on February 22, 2009), and I are children of the network J (Death on November 15, 201, hereinafter “the deceased”), and Plaintiff B is the wife of the network H, Plaintiff C, D, and E, and the Defendants are the children of the network H.

On April 27, 2010, in the presence of witness K and L, a notary public, at No. 267, 2010, at the witness K and L, the deceased, among the real estate listed in paragraph (1) of the attached Table No. 1, and the real estate listed in paragraph (2) of the attached Table No. 2, 150.075/650.25 shares among the real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1, the Defendants F, to Defendant F, of the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant real estate No. 1, 2, and 3”), and to the Gangnam-gu Seoul M & 568.7 square meters, a notarial deed was prepared to designate I as the executor, and to designate

(hereinafter “instant will”). Accordingly, each registration of ownership transfer as described in Paragraph (1) was completed on November 15, 201 due to legacy of November 15, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, and Eul evidence Nos. 7, and the plaintiffs' assertion to the purport of the whole pleadings is null and void since the deceased's will of this case was made in a state where he had no mental capacity due to dementia symptoms, etc.

Therefore, the Plaintiffs, co-inheritors, as co-inheritors, seek to cancel the registration of each transfer of ownership as stated in paragraph (1) of this Article, which was completed by the instant will.

Judgment

In full view of the existence or absence of the deceased's ability to make a will, each statement of Gap evidence Nos. 6, 7, 9, 10, 11, and 17 (including each number), and the witnessO's testimony and arguments, the deceased is suspected of dementia symptoms such as his/her memory during hospital treatment due to dysylology, etc., and as a result of consultation with his/her psychiatrist, he/she was accompanied by memory disorder on August 21, 2008.

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