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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) was owned by the network G (hereinafter “the network”).
B. On September 15, 2003, the Deceased prepared a testamentary document with No. 1230 from the Law Firm H as a notary public.
In the presence of an attorney-at-law in charge of the law firm, the deceased: (a) bequeathed 3/10 shares to Defendant B, a woman of each of the instant real estate, and 7/10 shares to the Plaintiff as a grandchild; and (b) signed and sealed a testamentary document stating that J shall be designated as an executor to implement such will.
(hereinafter “instant legacy”). C.
However, on June 17, 2016, Defendant B completed the registration of ownership transfer for each of the instant real estate on the same day on the grounds that he/she received the donation from the Deceased (hereinafter “instant donation”) and completed the registration of ownership transfer for the shares of 75/694 shares of 1 real estate listed in the separate sheet No. 1 among them on March 14, 2017.
The Deceased died on May 5, 2017.
The Deceased had Defendant B, L, Defendant E, and Defendant F under the chain, and Defendant C is the spouse of L who died on February 16, 1975, and the Plaintiff and Defendant D are children of L.
[Ground of recognition] The facts without dispute, Gap 1-6 evidence (including each number), the purport of the whole pleadings
2. At the time of the Plaintiff’s assertion, the Deceased was in his capacity to perform his duties. As Defendant B entered into the instant donation contract with the Deceased by using it, and completed the registration of ownership transfer for each of the instant real estate, the cause of both the instant donation contract and the registration of ownership transfer under the name of Defendant B on each of the instant real estate is null and void. Accordingly, each of the instant real estate is inherited to the original and the Defendant according to the inherited shares
However, since the Plaintiff received 7/10 shares of each of the instant real estate, the Defendants were to the Plaintiff according to the legacy of this case.