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(영문) 대전고등법원(청주) 2015.06.02 2014나21350
유언무효확인
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The Deceased died on March 27, 2014, and the Plaintiffs and G jointly inherited the Deceased.

B. On July 4, 2008, the deceased prepared a testamentary document to the effect that "if the deceased died, he will deliver each of the shares of this case to G, and the defendant will be designated as the executor of will" at the office of law firm F, the notary public located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Young-gu.

(2) Article 1072 of the Civil Act provides that “The notarial deed of this case shall be referred to as “the notarial deed of this case,” and the notarial deed of this case shall be referred to as “the notarial deed of this case,” and the notarial deed of this case shall be referred to as “the notarial deed of this case,” and the notarial deed of this case shall be referred to as “the notarial deed of this case,” and the notarial deed of this case shall be referred to as “the notarial deed of this case, I and the defendant participated as witness, and the

C. At the time of the preparation of the instant notarial deed, the said witness I is the chief of the JJ in charge of the said notarial deed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including virtual number), the purport of the whole pleadings

2. Determination:

A. The witness who participates in the will by the notarial deed of the plaintiffs must not be disqualified under Article 33(3) of the Notary Public Act as well as the grounds for disqualification under Article 1072 of the Civil Act.

However, since I who participated as a witness in the will of this case, which is a notarial will, is the president of the J in charge of notarial acts, there is a reason for disqualification under Article 33 (3) 6 of the Notary Public Act (relative of notary public).

Therefore, the will of this case is null and void.

B. 1) Article 1072(1) of the Civil Act provides that “The minor, person under adult guardianship, person under limited guardianship, person under limited guardianship, his/her spouse, and lineal blood relatives shall not become a witness to the will” (Article 1072(1) of the Civil Act). Paragraph (2) of the same Article provides that “The person

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