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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D died on February 13, 2013, and the Plaintiff is the only heir of the Deceased as a child of the deceased D (hereinafter referred to as “the deceased”). The Defendants are the births of the Deceased.
B. A testamentary document dated June 18, 2012 (hereinafter “instant testamentary document”) written as follows. The testator’s name at the end of the instant testamentary document is affixed with the seal of the deceased.
D Co-ownership shares of his/her co-ownership in the area of 5260 square meters prior to Pyeongtaek-si in Gyeonggi-do at the time of his/her death shall be owned by Dong B and C as agreed at the time of his/her inheritance with his/her family (F, C, B, and G).
In addition, all of the cash assets of the head of the Tong and the insurance pension shall be owned by two Dongs (B, C).
A lease deposit for a leased apartment shall belong to B.
Address: The date set forth in Yongsan-gu Seoul Metropolitan Government H apartment 202 Dong 1606: Do; June 18, 2012: D
C. The Defendants filed an objection to the establishment of the instant testamentary document and its contents and execution on July 26, 2013, on the ground that the instant testamentary document was not directly prepared by the Deceased, on the date of the approval seal procedure, on which the Plaintiff, through his/her agent, filed an objection to the authenticity of the instant testamentary document and the instant testamentary document, on the grounds that it was not directly prepared by the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 4-2, Eul evidence 8-2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion that the testamentary document of this case is not written by the deceased's own pen, and thus, it is not effective by the certificate of completion.
B. Article 106(1) of the Civil Act provides that the testator shall write his full text, date, address, and name and affix his seal on the will by means of his own document. According to the foregoing, the testamentary document of this case shall be the full text and date, the name and address of the deceased, and the name and address of the deceased.