(영문) 대전고등법원 2011.11.02 2011나2416 | 리걸엔진

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(영문) 대전고등법원 2011.11.02 2011나2416

소유권이전등기말소등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the head of the net F (hereinafter referred to as “the deceased”) and the Defendant is the deceased’s father.

B. Each real estate listed in the separate sheet was originally owned by the father of the original defendant. As to the shares of 1-6, 8-27 on February 2, 2004 in the same list, which were immediately before the death of the J, the ownership transfer registration was completed for the deceased, the plaintiff, and the K (the plaintiff's birth) on the ground of donation, and the ownership transfer registration was completed for the 28 real estate listed in the same list under the deceased's sole name.

(hereinafter referred to as “each real estate of this case”) among the real estate registered in the name of the Deceased 1-6, 8-27 and 1/3 of the attached list, and 28 of the real estate.

On March 6, 2009, the Deceased made a testament by an authentic document (hereinafter “the primary will”). D. On March 20, 2009, the Deceased made a testament (hereinafter “the primary will”) with the content that “The real estate of this case is bequeathed to G (the Plaintiff’s children).” On March 20, 2009, the Deceased made a testament by an authentic document (hereinafter “the primary will”) with the content that “the primary will is cancelled, and each of the real estate of this case is bequeathed to the Defendant.”

E. After the Deceased died on April 14, 2010, the Defendant completed the registration of ownership transfer based on testamentary gift under the Daejeon District Court’s Seosan Branch No. 17283, May 13, 2010.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6 (including paper numbers), Eul 1, the purport of the whole pleadings

2. The plaintiff's assertion that the deceased was not present at the time of the second will, and even if he was present, the second will is null and void.

Therefore, since the registration of transfer of ownership in the name of the defendant completed based on the second will is null and void, the plaintiff, a co-inheritors of each real estate of this case, is seeking to cancel the registration of transfer of ownership as a preservation act.

3. First of all, the deceased may not attend the second will.

유사 판례

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