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(영문) 서울중앙지방법원 2019.05.01 2017가합537508
소유권말소등기
Text

1. As to the Plaintiff’s share 219,250,416/934,00,000 among the real estate listed in the attached list, the Defendant on June 12, 2017.

Reasons

1. Basic facts

A. The Plaintiff filed a marriage report with C on August 20, 1958, and divorced on May 19, 1964 (the final judgment of nullity of marriage on February 2, 1971). On November 13, 1972, the Plaintiff reported the marriage with the network D on December 29, 1982, the deceased on December 29, 1982, and the deceased on April 8, 1983 (hereinafter “the deceased”).

A) On March 25, 2017, the Deceased died of 11:55 p.m. on March 25, 2017. (2) The Plaintiff and C as his child, G, H, and I between the Plaintiff and the deceased, and there is no child between the Plaintiff and C.

3) A parent of the deceased and Don J had already died before the deceased’s death. B. The Defendant is the deceased’s assistance. B. Preparation of authentic will and transfer of ownership of the instant real estate 1) on May 23, 1989 for sale and purchase of the instant real estate, respectively one-half share transfer registration was made in the future of the Plaintiff and the deceased.

2) On May 21, 2004, the Deceased was close to the Defendant, who is one’s own blood relative, and on May 21, 2004, donated 3306/3969 shares to the Defendant from among his own K Jong-gun’s own forest land, and on January 23, 2007, he also donated his third floor M of the third floor in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. 3) On February 201, the Deceased was treated with the discovery of a liver cell cancer and received treatment again at around August 201, and received a medical examination once every three months thereafter.

4) On November 17, 2015, the Deceased’s testamentary gift (hereinafter “instant testamentary gift”) to the Defendant among the instant real property by a notary public, No. 566, 2015, pursuant to the New Deed No. 566.

) Notarial deeds of will (hereinafter referred to as “notarial deeds of this case”)

4) On April 17, 2017, the deceased’s 1/2 portion of the instant real estate, among the instant real estate, was registered on March 25, 2017 due to the instant testamentary gift on the following grounds: (a) as a witness at the time of the preparation of the instant testamentary gift; and (b) as a witness, P was signed and sealed on the said notarial deed.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 18, 19, 23 evidence.

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