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Reasons
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(영문) 대전고등법원 2016.06.20 2015나13070
소유권말소등기
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The network D (1935 birth; hereinafter “the network”) that established and operated C Co., Ltd. (hereinafter “C”) as a real estate leasing and managing company, had the Defendant, South-Nam, South-North F, and South-North, between E and its wife and its wife.

B. Around July 2012, the Deceased was diagnosed at the Asan Hospital in Seoul, for kidy and pulmonary cancer four (4). From October 23, 2012 to November 9, 2012; from April 9, 2013 to July 25, 2013; and from July 30, 2013 to March 13, 2014, the Deceased was hospitalized, respectively.

C. On July 17, 2013, the Deceased: (a) had been hospitalized at the time of the time on July 17, 2013, a notary public attorney G (hereinafter referred to as “ notary public”), witness I, witness J, F and his wife; (b) the Defendant and his husband designated the Defendant as the executor, and (c) had a testamentary document prepared by a notary public as the document 2013 and 357 as a testament as follows on the place where he attended K:

(A) No. 4, hereinafter referred to as the “notarial deed of this case,” and the will by the notarial deed of this case is referred to as the “notarial will of this case”) 1. E to the spouse:

(a) Whole amount of deposit claims of the Korea Saemaul Depository;

(b) A building with a scale of 404.3 square meters and above ground in the Dong-gu, Nam-gu, Chungcheongnam-gu;

2. The real estate of this case to the defendant

3. The plaintiff, F, and the defendant:

(a) Ten pieces of deposit claims, such as 288 square meters in Ma-dong, Nam-gu, Seoul Metropolitan City, and all of the deposit claims except for the deposit claims described in the above paragraph (1) 1/3 each;

B. C Shares 4,000 to the Plaintiff 1,333 shares and F 1,33 shares and 1,334 shares to the Defendant

D. The Deceased died on March 13, 2014, and the Defendant completed the registration of transfer of ownership by the instant will on March 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 11, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion is around July 17, 2013, the time of the instant will.

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