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(영문) 청주지방법원 2014.09.25 2014가합26078

유언무효확인

Text

1. A notary public on July 4, 2008 attached Form 917, which was made by a will of No. 917, 2008 by the deceased E.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died as Har on March 27, 2014, and the deceased’s heir is the Plaintiffs and G.

B. On the other hand, on July 4, 2008, a notary on July 4, 2008, prepared a testamentary document stating that “The testator shall testamentary gift the real estate listed in the attached list to G, and the real estate listed in the attached list bequeathed by the testator shall be transferred to G in the name of G in the case of the death of the testator” (hereinafter “instant testamentary deed”).

C. According to the notarial deed of this case, a notary public located in Cheongju-si sought the purport of his will in the presence of a witness I and D at the office of the law firm F, in the presence of the deceased, in the presence of the attorney-at-law in charge of authentication in the above office, and the notary public J reads and reads it, and the deceased and the above witnesses respectively sign and affix their seals after recognizing the accuracy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 2-2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. One of the two witnesses who have participated at the time of the will by the notarial deed of this case alleged by the plaintiffs is disqualified for witness, and thus, the will by the notarial deed of this case is null and void.

B. Article 1068 of the Civil Code provides that a will by notarial document requires the testator to accept the tenor of the will before a notary in the presence of two witnesses, and the notary to write down and read it, and then the testator and the witness approve it to be correct, respectively, and Article 1072(1) of the Civil Code provides that a minor, an incompetent and quasi-incompetent, a person to receive benefit by will, his spouse and lineal blood relative shall be disqualified.

In particular, with respect to wills by notarial deeds, wills are made.