(영문) 서울남부지방법원 2018.01.10 2017가단230677

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.01.10 2017가단230677

소유권이전등기

Text

1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are children born between the deceased D (the deceased on May 28, 2016, hereinafter “the deceased”) and the Defendant, and the Defendant is the husband of the deceased.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) is the real estate owned by the deceased. On April 20, 2016, the deceased was present at the hospital by horse cancer, and on April 20, 2016, the deceased donated the instant real estate to A by 3/10 and 7/10, and the testamentary gift becomes effective upon the death of B. In relation to the designation of the executor, the testamentary document stating “E shall be designated as the executor” (hereinafter “the testamentary document of this case”) and signed the date of preparation, name, and address, and signed the seal of the name.

C. The portion of the testamentary gift document of this case, as well as the preparation date, name, and address of the deceased directly, but the “name, resident registration number, address, and telephone number” and each witness’s “name, resident registration number, address, and telephone number” relating to the designation of executor and witness column were indicated by E.

At the time of death, the Deceased had a total of KRW 1,188,441 deposit claim in a corporate bank in addition to the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, video, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The instant testamentary document is divided into the executor’s portion and the testamentary gift portion. Of them, even if the part designating the executor’s executor is null and void because it does not meet the requirements of the testator, since the testamentary gift-related part satisfies all the requirements of testament by the self-certificate required by Article 1066 of the Civil Act, the testamentary gift-related part is effective in accordance

In addition, a legacy made by the deceased shall be made.

참조조문

-민법 제1066조

유사 판례

-서울남부지방법원 2018.11.16 2018나51483

-수원지방법원 2019.01.22 2017가합12045

-수원지방법원안양지원 2016.10.06 2015가합102434

-수원지방법원 안양지원 2018.06.08 2017가합365

-대법원 2016.12.01 2014다57204