logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.19 2013나63501
유언공증무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420

2. Assertion and determination

A. The summary of the Plaintiff’s assertion: ① The Deceased was not present at the time of the instant will; and even if the Deceased was present, he did not have the ability to make a decision due to the martic disorder caused by Tesson’s Esson’s Esson’s Esson’s Esson’s Esson’s Esson’s Esson’s Es.

B. 1) In a civil trial, the facts acknowledged in the judgment of other civil cases, etc., even though they are not bound by the facts established in the judgment of other civil cases, etc., shall not be rejected without any justifiable reasons, unless there are any special circumstances. In particular, the facts that two previous and previous civil cases are identical to the parties and form the basis of the dispute are the same, but the same is more true in a case where a new claim can be filed as a result which does not conflict with the res judicata effect (see, e.g., Supreme Court Decision 2008Da92312, 92329, Sept. 24, 2009). (See, 2008Da92312, 9239, Sept. 24, 2009).

However, the following circumstances, in full view of the respective statements and the purport of the entire pleadings in the evidence Nos. 1, 2, and 4 through 8, namely, the Daejeon District Court in the lawsuit seeking cancellation of the above transfer of ownership registration, which was completed in the name of the defendant on July 12, 2010, by asserting that the will of this case against the defendant on each of the real estate of this case is null and void.

arrow