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(영문) 대법원 2016.06.23 2015다231511

유언무효확인 등

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All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. With respect to Article 1 of the Civil Act, Article 1065 through Article 1070 of the Civil Act provides that the method of a will strictly is to clarify the will of the testator and prevent legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is null and void even if it conforms to the testator's genuine will. Article 1068 of the Civil Act provides that the testator accepts the intent of the will in the presence of a notary in the presence of two witnesses and approves it to be correct, and then the testator and the witness sign or affix their names and affix their seals to the testator. "the number of intent of the will" in this context refers to the delivery of the contents of the will to the other party by speech, so it shall be interpreted strictly by strictly restricting it. However, a notary prepares prepares the will according to the testator's will, questioning the testator according to the testator's will, read the document, and if it is recognized that the testator's will conforms to the contents and genuine intent of the will can be understood as the contents and genuine intent of the testator's will.

(1) The Plaintiff died on November 9, 2012, when he/she had been hospitalized in the I Hospital room. The Plaintiff is the deceased’s spouse, Plaintiff B, C, D, and Defendant on October 25, 2007. According to the reasoning of the lower judgment, the lower court, based on the following facts, i.e., the F (hereinafter “the deceased”) suffered from high blood pressure and urology, etc. due to He/she had been hospitalized, and died on November 201, 201 while he/she had been hospitalized in the I Hospital room. The Plaintiff died on December 20, 2012. < Amended by Presidential Decree No. 23535, Dec. 20, 2011; Presidential Decree No. 23268, Nov. 9, 2011; Presidential Decree No. 23265, Dec. 20, 2011>