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(영문) 서울고등법원 2021.02.03 2020나2032488

유언효력확인

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All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. The reasoning for the court's explanation concerning this case is that the court's judgment of the first instance court is identical to the judgment of the first instance court, except for adding the judgment in the court below as follows. Thus, the court's explanation of this case is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The result of the further appraisal by the appraiser should be respected unless there is a significant error in the appraisal method against the empirical rule or in the absence of rationality (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). In light of the record of the instant case, there was a significant error as above in the result of the appraisal by the appraiser of the first instance trial.

As long as no material can be found, the Defendants’ assertion on the grounds of appeal that caused the above appraisal result cannot be accepted.

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.