유언무효확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In the instant case where, in the presence of notary public D, witnessF, and G in the Seoul Medical Center where the Plaintiff and the mother of the Defendants were hospitalized on November 4, 2013, the Plaintiff had a testament containing one-half shares of the three parcels of land in Nam-si H (hereinafter “instant testament”), and there is no dispute between the parties as to the fact that a testament containing one-half shares of the three parcels of land in Namwon-si H (hereinafter “instant testament”), the Plaintiff asserted as the cause of the instant claim that the instant will is null and void for the following reasons and sought confirmation of the invalidity of the instant will against the Defendants.
① The contents of the instant will are contrary to the true intention of E.
② At the time of the occurrence of the instant will, there is no factual fact that E actually made the intent of the will, and a notary public has prepared a notarial deed without reading out the oral statement of E, and there is no fact that the witness attending the said place has approved the accuracy of the contents of the will at the time. Thus, the instant will goes against the method, etc. stipulated in Article 1068 of the Civil Act.
2. Therefore, this Court's judgment is without merit, and there is no other evidence to acknowledge this point, the above argument cannot be accepted, in light of the evidence adopted behind the witness I's testimony as supporting the first argument.
② Next, considering the witness F, G, and J’s testimony and the fact-finding results on D’s notary public of this court, the following circumstances are comprehensively considered: (a) the consciousness of E at the time of the instant will appears to have the ability to accurately identify the purport of the instant will; and (b) considering the content of the instant will and the circumstances and surrounding circumstances at the time of the instant will.