유언증서 진부확인 및 유언유효의 확인
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
1. On January 21, 197, the basic facts of the claim (1) H was married with I to and under the influence of I, and I was declared missing in around 1966, and the Plaintiff, who was a child, was married with K on 21, 197.
(2) On April 7, 1970, J married to S and placed Defendant (Appointed Party) and Appointors (hereinafter collectively referred to as “Defendant, etc.”) under the supervision of S.
The J died on September 17, 2015 (S died on August 27, 2001), and the Defendant et al. jointly succeeded to the property of the J (the shares of inheritance 1/6).
(3) In the Plaintiff’s house, H died on August 27, 2016, which was one year after the J died (K died on April 3, 1985), and the Plaintiff and the Defendant inherited (the Plaintiff, the Defendant, etc., and the Defendant, etc., inherited the property (6/12 of the inheritance by representation) or by representation (1/12 of the inheritance by representation). At the time of the death of H, the instant real estate was located as property.
On the other hand, the Plaintiff has been in charge of management such as paying taxes imposed on the instant real estate before H birth.
(4) On December 29, 2016, the Plaintiff, the Defendant, etc. completed the registration of ownership transfer on the instant real estate based on inheritance in accordance with the said inherited portion and the inherited portion under the receipt of the Gangnam District Court Branch Branch Branch Branch Office (Scheon District Court Branch Office) No. 46439
(5) Since then, while arranging H’s relics at home, the Plaintiff discovered a testamentary book (hereinafter “instant testamentary book”) stating that “all of the instant real estate falling under the entire inherited property shall be granted to the Plaintiff,” and received a sworn document from the Seoul Family Court (2016 D. 11271) on April 21, 2017.
(6) The handbook (unauthorized) stamped on the name of “H” in the instant will is H’s.
(7) The above facts are not disputed between the parties, or are recognized by Gap evidence Nos. 1, 2, and 1 (including each numbered evidence), the result of the unmanned appraisal by the court of first instance, and the purport of the whole pleadings, and evidence that interfered with this.