유언무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited the assertion that the plaintiffs stressed or added in this court is identical to the ground of the judgment of the court of first instance, except for the following additional determination as to the assertion that the plaintiffs need to emphasize or add to the court of first instance.
2. Additional determination
A. The plaintiffs' assertion of this case is that due to the defendant's heavy gambling, the contents different from the facts of the deceased are written by the defendant.
Of the instant testamentary book, the phrase “F’s property is given to the Defendant” does not have the right to dispose of F’s property, and thus is null and void.
The defendant, not only neglected or altered the testament of this case but also intentionally neglected the deceased at a dangerous place and caused their death. Thus, the defendant is disqualified as an inheritor pursuant to Article 1004 of the Civil Act.
The defendant received a testamentary gift with the deceased's property borne in return for his wife and F's living expenses, removal expenses, etc., but the defendant did not perform the above-mentioned burden, and thus the deceased's property cannot be inherited.
In light of these points, the will by the will of this case is null and void in accordance with Article 103 of the Civil Act as an anti-social legal act.
B. Determination 1 will is a single act without the other party according to a certain method with the aim of generating a certain legal effect at the same time as the death of the testator. It can only be limited to the matters provided by law.
A testamentary gift is a sole act to give a donee a certain property free of charge by a will, and is stipulated as a testament under Article 1074 of the Civil Act. Therefore, it falls under a will under the Civil Act, but the content that is not stipulated as a testament, such as a decoration with moral meaning, shall not be considered as a testament under the Civil Act.
The plaintiffs claim that all matters concerning residence and payment of money stated in the instant will book are different from facts.