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(영문) 서울동부지방법원 2019.11.14 2018가합110170
유언확인 및 유언집행자 이행청구의 소
Text

1. As between the Plaintiff and the Defendants,

A. The Seoul Family Court case No. 2016 Republic of Korea (Seoul Family Court) and the foregoing court in the case involving a testamentary document inspection.

Reasons

1. Facts of recognition;

A. F (hereinafter “the deceased”) married with G (Death November 24, 2006) and died on November 27, 2016 without having any child.

G A was married with H before the deceased’s marriage, and the Plaintiff is a child born among them.

As the deceased died, the Defendants inherited the deceased, who is the son’s children of I (Death on November 7, 2002) who is the deceased.

B. Around October 19, 2013, a testamentary will in the deceased’s name (hereinafter “instant will”) was drawn up as follows.

In the instant testamentary book, the subject, content, date of preparation, address, name and resident registration number of the deceased are indicated under the title of the “Will” and their seals are affixed thereto.

A J K L L M M FN

C. While the Plaintiff kept the instant testamentary book, the Seoul Family Court 2016 saw-Ma11073 requested approval seal of the testamentary document. On November 28, 2017, the said court approved the instant testamentary book.

Property owned by the deceased before his birth is the money deposited in each deposit account in addition to the Yeongdeungpo-gu Seoul Metropolitan Government L Apartment M. (hereinafter “instant deposit”).

E. Meanwhile, Defendant B and C participated in the inspection procedure for the instant testamentary book, and stated to the effect that “the Plaintiff is not well aware of the internal force of the house, and his heir is not well aware of the relationship with the Plaintiff, and the content of the instant testamentary book is not acceptable.” Defendant D and E stated that they were present on the date of the second and first pleading of this case and sought a judgment dismissing the Plaintiff’s claim.

[Ground of recognition] Defendant B, C: The written evidence No. 1, No. 2, and No. 4 through No. 6, each of the evidence No. 1, No. 2, and No. 4 through No. 6, the result of this court’s order to submit financial transaction information to theO,

2. Determination as to the cause of action

(a) In case of a will to confirm the validity of the will (1) by a written document, the testator shall write his full text, date, address, and name and affix his seal thereon; and

Article 1066 of the Civil Code.

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