Text
1. The Defendants, on November 9, 2017, bequeathed on 1/5 shares of each real estate listed in the separate sheet, to the Plaintiff.
Reasons
1. Facts of recognition;
A. The deceased F (hereinafter “the deceased”) died on November 9, 2017 as the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The Plaintiff and the Defendants, who were the deceased’s children, inherited each of 1/5 shares as co-inheritors.
B. On January 20, 2016, the Plaintiff filed an application with the Seoul Family Court Decision 2019Hun-Ma51482, which indicated as follows, for the approval seal of a testament on the deceased’s writing will (No. 3; hereinafter “the instant will”). On January 20, 2016, the instant case was transferred to the Changwon District Court (No. 10035) and the approval seal was affixed on the will of this case on August 13, 2019.
The house located in Dongjak-gu Seoul Metropolitan Government is A house in the will site.
On January 20, 2016, Defendant B, and D affix their seals and seals to the name of HF deceased on January 20, 2016 [based on recognition] Defendant C, and E: Confession (Article 150(3) and (1) of the Civil Procedure Act) without any dispute, each entry in the evidence No. 1, 2, 3, 4, and 6, and the purport of the entire pleadings.
2. According to Gap evidence No. 3 (the testamentary book, defendant C, and E are not written by the deceased, and according to the appraiser I's written appraisal, the testament of this case is prepared by the deceased's own pen, and the will of the deceased by the testament of this case is valid as it satisfies the requirements of will pursuant to the certificate of completion under Article 1066 (1) of the Civil Act.
Therefore, barring any special circumstance, the Defendants are obligated to perform the registration procedure for transfer of ownership on November 9, 2017, which is the death day of the deceased, as to the portion of 1/5 of the statutory inheritance among each of the instant real estate, to the Plaintiff on which the testament of this case took effect.
The Plaintiff filed for the registration of ownership transfer for the entire real estate of this case with the Defendants.