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(영문) 서울서부지방법원 2018.01.04 2015가합36334

유언 무효확인 청구의 소

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1. The “The real estate listed in the attached Table 2 list shall be bequeathed to Defendant F and G” made by the deceased I in accordance with its certificate of completion in 2003.

Reasons

1. Facts of recognition;

A. The deceased I (hereinafter “the deceased”) died on September 18, 2012, and his heir is the Plaintiff B, C, D, E, and the Defendants, the spouse of the Plaintiff and the Defendants.

B. From around 2003, a testamentary book in the name of the deceased (hereinafter “instant testamentary book”) stating that each of the lands listed in [Attachment 2 List No. 1] is inherited to Defendant F, as indicated in [Attachment 1], was prepared, and Defendant F’s agent and Defendant F was affixed a seal of approval on the instant testament at Defendant F’s request on September 23, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Gap 1 to Eul 1 evidence (including each number if any), the purport of the whole pleadings

2. The parties' assertion

A. The president of the instant will, at the time of the preparation of the instant will, failed to meet the requirements for a will based on a self-written document by omitting the address of the testator and the date of the will, as well as to satisfy the requirements for a will based on a self-written document. As such, the deceased did not have a normal mental capacity at

Plaintiff

B, C, D, and E are preliminaryly effective, even if the testament of this case is valid, Defendant F, and G infringed on the above plaintiffs' legal reserve of inheritance by receiving the deceased's property as testamentary gift, and thus, they seek to return the shortage of legal reserve of inheritance to the above plaintiffs, Defendant F, Defendant G, and Defendant G, respectively, to pay KRW 9,975,438.

B. The Defendants’ assertion refers to the “Wil Day” at the bottom of the instant testamentary book. As such, the date of preparation was specified, and the “J” stated in the middle of the instant testamentary book is the deceased’s address, so the instant testamentary book is also valid as a will by a self-written will, inasmuch as the address of the deceased is also stated in the instant testament.