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(영문) 인천지방법원 2017.07.21 2016가합53226
유류분반환청구
Text

1. On June 2, 2016, the testator, who affixed his/her seal of approval on June 2, 2016, with respect to the monthly branch of the Chuncheon District Court 2016-Ma-Ma42 testamentary document inspection.

Reasons

1. Determination on the counterclaim claim for interim confirmation

A. Basic facts 1) F (hereinafter “the deceased”).

On January 22, 2016, the deceased died. On January 22, 2016, the deceased’s heir, there are Plaintiff A, B, C, Defendant D, and E, who are their children, and the inheritance shares are 1/5, respectively. 2) On January 7, 2016, a testamentary funeral in the deceased’s name (hereinafter “the testamentary funeral”).

The testamentary book of this case contains the full text of the will, the date of preparation, and the address of the deceased under the title of the “Will”, and is signed and sealed by the deceased.

3) On June 2, 2016 with respect to the instant testamentary book, the seal of approval was affixed to the Youngcheon District Court’s Young-do Branch 2016Ra42 on June 2, 2016. 【No dispute over the grounds for recognition’, Gap’s evidence 1 through 7, 30, and Eul’s evidence 12 (including each number, if any; hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. 1) The testator must write his full text, date, address, and name and affix his seal to the will (Article 1066(1)2 of the Civil Act) (Article 1066(2)). The fact that the testator’s full text and date of the will, the address of the deceased, and the signature and seal of the deceased are recorded in the testament in the testament of this case is as seen earlier. In full view of the overall purport of the arguments as a result of the appraiser G’s appraisal, the writing of the will of this case is recognized as having the same facts as the writing of the deceased’s life, and therefore, it is recognized that the testator

3) Therefore, the deceased’s will by the testament of this case is valid as satisfying the requirements of his will by a self-certificate. In the event that the plaintiffs are disputing the validity of the will by the testament of this case, the plaintiffs also have a benefit to seek confirmation. 4) The plaintiffs asserted that the will of this case is not effective since the testament of this case was prepared near the date of the death of the deceased, and it is deemed that the deceased was prepared under the condition of mental disability or mental disorder, but the deceased is of mental disability or mental defect.

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