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(영문) 인천지방법원 2017.10.20 2017가합52589
유언효력확인
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s claims against Defendant C, D, E, F, and G are all filed.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) had Defendant B, C, D, E and the networkJ with their children, and the networkJ had Defendant F and G with their children.

B. On October 8, 2014, the will book in the deceased’s name (hereinafter “the will book of this case”) was prepared as indicated in attached Form 1, and the will book of this case is indicated as “bhumthing a bath”.

C. The Deceased died on August 18, 2016, and the Defendants became the deceased’s heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. In a lawsuit to confirm a claim against Defendant B, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is acknowledged in cases where there is a dispute between the parties as to a legal relationship subject to the claim and the Plaintiff’s right or legal status is at risk, thereby obtaining a judgment of confirmation is the most effective and appropriate means to eliminate the risk of apprehension (see Supreme Court Decision 2014Da218511, Dec. 11, 2014). Defendant B does not dispute the validity of a will made by the deceased by the will of this case. Thus, the Plaintiff’s lawsuit against Defendant B is unlawful as there is no benefit of confirmation.

3. Determination as to claims against Defendant C, D, E, F, and G

A. The Plaintiff’s assertion 1) The Defendant C, D, E, F, and G will of this case are written by coercion, and it is invalid that the Deceased’s full text, date, address, and name was signed and sealed on October 8, 2014. 2) The Defendant C, D, E, F, and G will of this case was not made by the deceased’s genuine will.

B. 1) In the case of will by means of a certificate of completion of work, the testator must write his full text, date, address, and name and affix his seal (Article 1066(1)2 of the Civil Act).

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