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The defendant on December 4, 2017 with respect to the share of 8/11 of each real estate listed in the separate sheet to the plaintiffs.
Reasons
1. Facts of recognition;
A. The deceased D (hereinafter “the deceased”) died on November 6, 2017. The Plaintiffs, E, and F are the deceased’s children, and the Defendant is the Plaintiff’s spouse.
B. Each of the instant real estate was originally owned by the Deceased. On August 31, 2012, the Deceased drafted a testamentary document (hereinafter “notarial document of this case”) stating that a notary public, as the law firm G Deed No. 4004, 998§³ of each of the instant real estate and the land of H 98m2, 937m2, 937m2, 193m2, 84.5/4,93m2, 4, 93m2, 624m2, 320/624, 1,120m2, 24/120, out of 624m2, 320m2, 624m2, 1,120m2 of a L forest and forest, in the form of a jun city.
At the time of the preparation of the Notarial Deed of this case, M/N observed as a witness and signed and sealed the Notarial Deed.
C. On December 4, 2017, the Defendant completed the registration of ownership transfer based on a testamentary gift on November 6, 2017, as Seoul Southern District Court’s receipt of the same day from the registration office of the Seoul Southern District Court (No. 261392).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4 (hereinafter referred to as "branch number") and Eul evidence 1, and the purport of the whole pleadings
2. The plaintiff's assertion
A. At the time of preparation of the Notarial will of this case, the Deceased had no mental capacity to make the will, and thus the Notarial will of this case is null and void.
In addition, in light of the fact that the Defendant concluded a sales contract to sell each of the instant real estate to a third party with the deceased on October 31, 2017 as the sales price of KRW 2.8 billion, the deceased shall be deemed to have withdrawn the legacy against the Defendant before that contract.
Therefore, since the registration of transfer of ownership on each of the instant real estate in the name of the defendant based on the authentication of the will of this case is null and void, the plaintiffs are the successors of each of the instant real estate.