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(영문) 대전지방법원천안지원 2015.07.10 2014가합101791
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D (1935 students) who established and operated C Co., Ltd. (hereinafter “C”) as a real estate leasing and managing company (hereinafter “C”), had the Defendant for both the son and the son F and Female between the wife E.

B. D was hospitalized at the Yacheon-si University Hospital located in the Yacheon-si from April 9, 2013 to March 13, 2014, with kidum cancer and waste cancer.

(A) On January 1, 200, the Defendant, on April 4, 200, bequeathed the gift of the instant real property to the Defendant: (a) the Plaintiff, F, the Defendant, real estate of ten parcels of land, such as, and all deposit claims except the deposit claims in paragraph (1) of the said paragraph, shall be bequeathed by one-third each; and (b) the Plaintiff, F, the Defendant, and the Defendant shall be given a gift of 4,00 shares of C issuance to the Plaintiff 1,33 shares, 1,33 shares, 1,33 shares, 1,34 shares, to F, and 1,34 shares, to the Defendant.

D On July 17, 2013, the notary public made a will to Attorneys G, a notary public, with the following contents, and accordingly the notary public made a notarial deed at No. 357 of 2013.

(A) No. 4, hereinafter referred to as the “notarial deed of this case”). The notarial deed of this case was written by a notary public in the presence of a witness I and J on H real estate near the Yacheon University Hospital, which was hospitalized at the time D, and was written by signing and sealing each of them. At the time, there was K, as well as D, the above witnesses and notary public, F and their wifes, and the Defendant and their husbands.

D A. On March 13, 2014, the Defendant died, and the Defendant completed the registration of ownership transfer on March 18, 2014 and the instant real estate in accordance with the instant notarial deed.

【Facts without dispute over the grounds for recognition, Gap evidence 4, 6 evidence, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion D is that the instant real estate will be bequeathed to the Plaintiff on May 27, 2013, which was before the preparation of the instant notarial deed.

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