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(영문) 서울중앙지방법원 2020.05.13 2019가합2105
유언효력 확인의 소
Text

1. On April 2, 2019, the Seoul Family Court held that the above court affixed the seal of approval on the case where a testamentary document was approved.

Reasons

1. Facts of recognition;

A. The deceased E (hereinafter “the deceased”) died on September 11, 2018. At the time of the deceased’s death, the deceased’s heir was Defendant B, Defendant C, Defendant C, and Defendant D, who was the deceased’s children.

B. On October 12, 2018, after the death of the deceased, the Plaintiff filed an application with the Seoul Family Court for the approval seal of the testament certificate (Seoul Family Court 2018 Madan7744), and the testamentary document subject to the approval seal is as shown in the attached Form as the testamentary document on August 28, 2017 in the name of the deceased (hereinafter “the testamentary document of this case”). The testamentary document of this case contains the date of preparation, the name, address, telephone number, resident registration number, and testament items as follows, and is signed and sealed by the deceased on his name.

A testator of a will: The address of E (I) : He shall make a will to leave the Mapo-gu Seoul Metropolitan Government J building or K L will.

Real estate address: The Gyeonggi-do Pyeongtaek-si F apartment store is the Gho Lake, H, area 13,170.1 square meter (25.8 square meter) of 170.1 square meter (25.8 square meter), and this shall become effective due to the death of Na.

Preparation Date: The testator on August 28, 2017: E (N) will writing of will

C. On April 2, 2019, the Plaintiff, Defendant B, and C had been present on the date of the will inspector on the instant will book executed by the Seoul Family Court.

In the approval seal procedure, the Plaintiff stated that “the head of the instant will was prepared in the presence of the deceased on August 28, 2017 and delivered it to the Plaintiff on the same day, and the Plaintiff was in the custody of the Plaintiff at the Plaintiff’s home and claimed for the approval seal after the deceased’s death.” As to this, the Defendant B stated that “The part not the body of the deceased exists in the preparation of the instant will, and the seal of the instant will is not known as to whether the deceased’s seal was affixed to the deceased’s seal.” The Defendant C also stated that “The part of the instant will’s body is not the body of the deceased.”

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