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(영문) 의정부지방법원 2014.10.31 2013나12212
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's primary claim expanded from the trial is dismissed.

3...

Reasons

1. Basic facts

A. C had the Plaintiff, Defendant, and E under the chain of marriage with D, and owned each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. C was hospitalized at an Gyeong National University Hospital from October 29, 2008 to December 1, 2008 due to strokes, etc., and was hospitalized at the Gyeong National University Hospital from October 29 to December 1, 2008, and was discharged thereafter and died on December 20, 2009.

C. Meanwhile, on October 31, 2008, on the other hand, the deceased C (hereinafter “the deceased”) drafted a testamentary deed (hereinafter “notarial deed of this case”) with No. 2551 of the No. 2008, by a notary public, to the effect that the Defendant, who was the son of this case, bequeathed each of the instant real estate to the Defendant.

After that, the defendant completed each registration of transfer of ownership as stated in the purport of claims on each of the real estate of this case based on the authentic deed of this case.

E. The deceased’s heir’s shares in inheritance are D3/9 shares, Plaintiff 2/9 shares, Defendant 2/9 shares, and E2/9 shares.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is, around the other hand, ① the notarial deed of this case was prepared in the state of the deceased's ability to perform his duties or mental disorder, or was prepared in collusion with the deceased and the defendant, and thus is null and void. ② The signature of the deceased on the letter of request for notarial deed and the letter of notarial deed of this case was forged, and its preparation place was altered from "2703" to "7th floor of Gyeong-hee Medical Center" on the 7th floor, and thus null and void. Accordingly, the plaintiff's forced inheritance was infringed upon the plaintiff's forced inheritance due to a testamentary gift against the defendant of the deceased on each of the real estate of this case as one inheritor.

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