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(영문) 대구지방법원 2017.01.12 2016가합2240
유언유효확인
Text

1. The will on December 27, 2006, in the annexed list of the net H, confirms that it is valid by a self-certificate of completion.

2...

Reasons

1. Basic facts

A. Plaintiff A is the husband of the deceased H (the deceased on October 1, 2015, hereinafter “the deceased”) and the rest of the Plaintiffs and the Defendants are the deceased’s children.

B. The attached list in the name of the deceased and the head of the will on December 27, 2006 (hereinafter “the head of the will of this case”) is prepared, and there is a recording tape with the same content as the deceased appears to have been recorded.

C. The letter of will of this case contains the full text, date, address, name, and resident registration number of the will, and the seal of the deceased is affixed to the right-hand side of the name, and the name, address, resident registration number, and seal of the observer and J are affixed on the day following the date of preparation.

Plaintiff

D On January 13, 2015, the Daegu Family Court filed an application for inspection of a testamentary document with the 2016-Ma125 (Seoul Family Court) and on March 23, 2016, the Plaintiffs and the Defendants were present at the meeting. The Plaintiffs stated that the body and seal of the testamentary document are the same as that of the Deceased. However, the Defendants stated that the pen and seal of the testament of this case are not the deceased, but that the testament of this case is not the deceased, and that the contents of the will cannot be consented.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2, 4, and 5, the purport of the whole pleading

2. The plaintiffs asserted that the will of this case was prepared by the deceased on his own part, and that the will of this case is valid in that it satisfies all the requirements as a testament by means of a self-certificate. The defendants asserted that the deceased was healthy at the time of December 27, 2006 and there was no reason for the preparation of the will, and the observer was not present, and that the observer was affixed with the seal after which the observer had written the observer's name and address, and that the will of this case was not made by the deceased, but by a forged and void.

3. Determination

(a) In order to make a will by means of a self-certificate, the testator shall write his full text, date, address, and name and affix his seal thereon (Article 1066(1) of the Civil Act), and this case.

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