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(영문) 서울고등법원 2018.06.15 2017나2006021
유언무효확인 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The first instance court by inheritance of the plaintiffs.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The term “Plaintiff” in the part of the first instance judgment, which was written, is “E”, “B”, “F”, and “G” in the first instance judgment, “Plaintiff E, “Plaintiff F”, and “Plaintiff G”, respectively.

3. Part to be added is set forth below the fifth letter of the decision of the first instance.

F. On August 30, 2017, the network A died and jointly succeeded to the rights and obligations of the Plaintiffs and the Defendant, their children, and the network A, and the Plaintiffs, other than the Defendant, succeeded to the status of the network A of this case.

[As the deceased A has a legal representative, the litigation procedure of this case is not interrupted despite his death, and the above legal representative is carrying out a lawsuit for the plaintiffs who succeeded to the status of the deceased A (see, e.g., Supreme Court Order 91Ma342, Nov. 5, 1992; Supreme Court Order 94Da61649, Feb. 9, 196). "57 through 60" in the first instance judgment of the court of first instance in the seventh 8th 8th 8th 8th 8th 2012, "The deceased A, regardless of the above treatment, has a physical condition, such as the ability, the scope of exercise and walking, etc., at the time of December 14, 2012, it is better for the deceased A to communicate, but it is highly possible to memory the short-term memory force, but it is highly necessary to protect the elderly's mental disorder, such as a serious disability in his/her daily life, and it is highly dependent upon the existing guardian's ability.

In accordance with the 12th page 13 of the judgment of the first instance court, the defendant's share to the defendant who is difficult to return to the defendant due to the fact that the deceased A was too low at the time of December 201.

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