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1. The plaintiffs' claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Plaintiff’s assertion
The first will made before it by the second will of the deceased was null and void.
Therefore, the Plaintiffs, as the testamentary donee of the second will, seek confirmation of invalidity of the first will against Defendant F, one of the first testament testamentary donees, and Defendant G, who was designated as the executor by the deceased, and seek reimbursement of KRW 80 million to the Plaintiff A according to the second testament. In addition, the Plaintiffs, as the testamentary donee of the second will, seek reimbursement of KRW 5 million for each of the following:
(1) On June 11, 2016, the Deceased made the first will by recording on the record of the deceased. At the time, the Deceased, the name and date of his will, and Defendant G present at the oral stage as witness, and Defendant G made an oral statement of accuracy and his name. (2) The Deceased made the second will with contents different from the first will on July 3, 2016, and Defendant G substituted the contents of his will, and the Deceased signed only the said substitute will book.
On July 19, 2016, the Deceased and Defendant G recorded the contents of the second will on July 19, 2016. At the time, Defendant G, who was not the Deceased, made an oral statement about what the content of the will is.
3) On March 29, 2017, with respect to the first will, the inspector of each will document was conducted on March 29, 2017 by the Jeonju District Court Branching 2016-Ma493, and with respect to the second will, by the court 2016-Ma509 on the same day (based on recognition). [Judgment on the purport of the entire pleadings]: (a) the fact that there is no dispute; (b) each entry (including the provisional number) in Gap 1, 2, 5, and 9; and (c) the purport of the entire pleadings; and (d) the Civil Act Article 1065 through 1070 of the Civil Act provides strict methods of will; and (c) the intention of the testator is to clarify the intention of the testator; and (d) prevent legal disputes and confusions arising therefrom. Thus, a will contrary
(see, e.g., Supreme Court Decision 2015Da231511, Jun. 23, 2016). Article 1067 of the Civil Act provides that a testator’s will by means of sound recording shall be the intent of the will, and the name and date of the will.