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(영문) 대법원 2016.12.01 2014다57204

유증이행청구 등

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the testator shall write the full text, date, address, and name (Article 1066(1) of the Civil Act) and affix his/her seal (Article 1066(1)). If a will is several pages, if it is confirmed that the will is a single will, even if there is no seal or binding among them, it shall be valid, and the date of preparation, address, and name’s own seal shall be sufficient if it is one of them. Whether several wills are integrated as a will document should not be determined on the basis of whether it is physically connected with a will document, such as a seal or joint file, but it should be determined on a substantial basis by comprehensively taking into account all the circumstances, such as the type, content, process of preparation and custody, and custodian of

The judgment below

According to the reasoning, the court below found that the testamentary document of this case is a full text three pages under the title of the will book, and the date (Seoul Jongno-gu N), address (E), name (E), and seal is the last end of the will book, and the testamentary document of this case is written by the deceased himself/herself, and it is not copied, copied, copied, or copied, such as excessive coloring in the original book, etc., and in the original book, it was written by one, two, and three pages of the testament document of this case into a different pen, but it is not necessary to prepare it in the same paper, and it cannot be deemed that the testamentary document of this case is null and void as long as the entire testamentary document of this case was written by the deceased's own pen, and the testamentary document of this case is delivered by the plaintiffs to the defendants (No. 1, 2, and 3, a copy of the testamentary document of this case.