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(영문) 부산지방법원 2018.07.04 2017가합42510

주위적 유언무효확인청구,예비적유류분반환

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1. On August 31, 2016, the Busan Family Court's 2016 order 2088 approval seal of the testamentary document.

Reasons

Facts of recognition

A. The deceased E (hereinafter “the deceased”) married the Plaintiff with Defendant C and D by marriage with Defendant B around 1984.

B. On April 18, 2016, the deceased inherited 20% of the 111st floor H of G University Hospital from G University Hospital to the Plaintiff at the seat of I, J, and K, and recorded the said oral contents in a CD by I, an attorney-at-law to the effect that “1,00 square meters of the Cheongdo-gun Lri-gun Lri-gun 1,00 square meters, and 80% of the Cheongdo-gun-do-si Lri-si 1,00 square meters, Busan Gangseo-gu Ma-dong 600 square meters, Busan, and 180 square meters of the Y-dong Ndong-dong Y-dong, Busan, Busan, and 50 square meters of the Y-dong N-dong, Busan, to the Defendants.”

(hereinafter referred to as “instant will”). C.

On April 29, 2016, the Deceased died as a acute brupt leukosis. D.

On June 13, 2016, Defendant B requested the Busan Family Court to affix an approval seal of a testamentary document to the Busan Family Court. On August 31, 2016, Defendant B approved the testament of this case.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 through 6 (including those with a serial number), the plaintiff's assertion of the purport of whole pleadings

A. Since the primary claimant did not make an oral statement of the name and the date and time of the will, and the intent of the will is unclear, the will of this case violates the requirements and methods stipulated in Article 1067 of the Civil Code, and the deceased did not have the ability to make a will in the state of mental disorder at the time, and the eligibility of J and K witnesses who participated in the will of this case is also doubtful, the will of this case is null and void

B. Preliminary claim, the will of this case is valid.

However, since the legal reserve of inheritance of the plaintiff has been infringed upon by the deceased's legacy, biological donation and the special profits of the defendants performed according to the above will, the defendants must return the legal reserve of inheritance to the plaintiff.

Judgment

A. 1) A will does not take effect unless it is in accordance with the method stipulated in the Civil Act (Article 1060 of the Civil Act, and the method of will shall take effect by means of a will or a recording by a document of completion.