1. Of the part on the principal lawsuit in the judgment of the first instance, the part on the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Plaintiff) against the Defendant.

1. Basic facts

A. The F (hereinafter “the deceased”) died on November 4, 2010, and there was Plaintiff A, Defendants, and G as his wife’s heir.

B. Around August 1, 1998, the Deceased prepared a written will (hereinafter “instant will”) stating that “The first and second real estate shall be bequeathed to G, while attending the Plaintiff B and G in Germany, Plaintiff A, 3 real estate, and the female in Daegu-gu H located in the Plaintiff B, 4, and 5, and other movable property other than the Plaintiff B, 4, and 5, shall be bequeathed to G.”

C. On March 24, 2011, after the death of the deceased, Plaintiff A filed an application for approval of the instant testament under the Daegu District Court Family Branch Order 2011Modan841 on March 24, 2011, which was after the death of the deceased. On June 29, 2011, the said court prepared a written protocol of inspection of the testament’s master on the date when the original Defendant and G attended.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 5 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. (i) With respect to the Plaintiffs’ seek for the registration of ownership transfer for the real estate Nos. 1, 2, and 3 to the Defendants based on the instant testamentary book, the Defendants asserted that the instant testamentary book is invalid on the ground that the deceased’s address was not indicated, and that the deceased was suffering from dementia due to coercion by G, and thus, was prepared by the deceased with no mental capacity.

She first, we examine whether the will of this case satisfies the formal requirements.

The testament of this case was prepared by the deceased with his full expertise, date, address, name, etc. affixed and sealed by the deceased. The address “B” at the end of the testament of this case and the address “Seoul Metropolitan City, Daegu-gu I” was stated below. The deceased was living together with Plaintiff B and the above Daegu North-gu I around August 1, 1998, which was the date of the preparation of the testament.