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(영문) 대구지방법원 2017.11.30 2015가단20527
소유권이전등기등말소
Text

1. The Plaintiff:

A. As to the real estate in paragraph 1 of the attached list, Defendant B shall be registered with the Daegu District Court on April 2015.

Reasons

1. Basic facts

A. The deceased on January 3, 2015, the Plaintiff died. The Plaintiff is the south of the Republic of Korea, Defendant B is the male, Defendant C is the third male, Defendant F is the senior female, Defendant E is the female, and Defendant D is three female.

B. G is each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The real estate listed in the separate sheet was owned by the instant real estate and the real estate listed in paragraph (2) of the said list by the real estate indicated in the separate sheet.

C. On March 13, 200, G bequeathed the instant one real estate owned by G to Defendant B, and a testamentary deed (No. 573, 2000, No. 573, No. 2000, No. 1, a notary public) stating that the instant two real estate is bequeathed to Defendant C was drafted.

Based on the instant testamentary deed on April 30, 2015, Defendant B registered the ownership transfer of the instant real estate due to the testamentary gift from No. 101130 to January 3, 2015 (G’s death) with respect to the instant real estate from the Daegu District Court’s receipt, and Defendant C registered the ownership transfer of the instant real estate due to the testamentary gift from January 3, 2015, the receipt of the Daegu District Court’s registration No. 101131 to January 3, 2015.

E. As to each of the instant real property on April 30, 2015, Defendant D, as the receipt of the registry office of the Daegu District Court No. 101132, the receipt of the registration office of the Daegu District Court (the obligor B, the maximum debt amount, KRW 100 million) and Defendant E, as the receipt of the registration office of the Daegu District Court No. 101134, the registration of creation of a neighboring mortgage (the obligor B, the maximum debt amount, KRW 100 million) in its name was made. Defendant F, as the receipt of the registration office of the Daegu District Court No. 101135, the registration of creation of a neighboring mortgage (the obligor B, the maximum debt amount, KRW 100 million) in its name was made

[Ground] Facts without dispute, entry of Gap 1 through 4 (including additional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. At the time of the preparation of the notarial deed by the Plaintiff, G had no capacity to perform the will.

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