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(영문) 대구고등법원 2016.06.01 2015나22565

유언효력확인의 소

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1. The part of the judgment of the first instance against Defendant E shall be revoked;

2. Between the Plaintiff and Defendant E, the Daegu Family Court.

Reasons

1. Facts of recognition;

A. H died on March 1, 2014, and his heir was the co-defendant B, the Plaintiff, the first instance court co-defendant C, and the Defendants.

B. H did not designate an executor separately at the time of death or entrust a third party with the designation.

C. On June 19, 2014, the Plaintiff filed an application for the approval seal on a will letter prepared by H as the Daegu Family Court Branch of the Family Court No. 2014Ra124 (hereinafter “instant will letter”). D.

On June 19, 2014, the original of the will of this case was examined on the date of inspection of the will of this case. The form and content of the will of this case are as shown in the attached Form, and it consists of an envelope and a content of the will.

E. On June 19, 2014, the Defendants stated that they did not have any opinion on the testamentary document at the approval date executed by the Defendants.

However, the Defendants refused to prepare a written statement that there is no objection against the Plaintiff’s application for registration of real estate under the instant testamentary book.

F. In the first instance trial, as to the Plaintiff’s assertion that the instant will takes effect as a will by a self-certificate, Defendant E argued by the Plaintiff, but the first instance court did not appear even on the date of pleading without being served with a duplicate of the complaint and failing to submit a written answer. The court of first instance declared that the Plaintiff’s co-defendant B, C, Defendant D, F, and G have led to the confession of all of the Plaintiff’s allegations pursuant to the main sentence of Article 150(3) of the Civil Procedure Act, and that the court of first instance declared a judgment citing the Plaintiff’s claims against Defendant B, C, Defendant D, F, and G, and that only Defendant D, F, and G were dissatisfied with that judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts in this court, purport of the whole pleadings

2. The gist of the parties’ assertion is that the instant will will be prepared by H on December 10, 201 and signed and sealed by H on the date of preparation, address, and name.