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(영문) 서울서부지방법원 2018.03.21 2017가합35083
유언효력확인
Text

1. He/she confirms that a will, as stated in the attached Form of the NetworkD, has its effect on April 30, 2017.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

A. The deceased D (hereinafter “the deceased”) died on May 12, 2017, and his heir was the deceased E (the deceased died on February 7, 2018, after the deceased’s death) and the Plaintiffs and the Defendant, who were children between E and E.

B. On April 30, 2017, the Deceased prepared a written will (hereinafter “instant will”).

In the instant testamentary book, the name, date of birth, and address of the testator are indicated under the title of the “Will”, and the following contents of the will, date of preparation, and the name of the testator are indicated, and the seal of the deceased is affixed to the right side of the name.

C. On September 21, 2017, the Seoul Family Court (Seoul Family Court Decision 2017 Ma51545, Sept. 21, 2017) stated that the Plaintiffs, the Plaintiffs’ legal representatives, and the Defendant’s legal representatives were present and sealed. The Defendant’s legal representative is doubtful about the discovery of the instant testament, and the conditions under the proviso of paragraph (2) are partly null and void, and that the body of the instant testament differs from the body of the documents prepared by the Deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 6, 9 (including paper numbers), judgment of the purport of whole pleadings

A. In the case of a will by means of a self-certificate, the testator must write his full text, date, address, and name and affix his seal (Article 1066(1) of the Civil Act). The will’s full text, date of preparation, address, and name are stated on the will’s own pen, and the fact that the testator’s seal is affixed thereto.

B. The defendant asserts to the effect that the condition of Paragraph (2) is null and void, and that Paragraph (4) is null and void due to impossibility of enforcement, the will of this case is null and void.

However, the Plaintiffs seek confirmation as to whether the “Will” by the instant testamentary book satisfies the requirements of a will by a certificate of completion.

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