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(영문) 수원지방법원성남지원 2020.06.05 2019가합406890
유언효력확인의 소
Text

1. On April 24, 2019, Daegu Family Court 2019 D. With respect to the case of a claim for confirmation of a will document or an examination request, the testator who affixed the seal of approval on April 24, 2019

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on December 10, 2018, and the heir is the Plaintiff, Defendant, and E, who are the wife.

B. On March 26, 2016, the Deceased drafted a testamentary document in the same written form as the attached Form (hereinafter “instant testamentary document”). The instant testamentary document contains descriptions of the will, preparation date, the deceased’s address, name, resident registration number, and the modified part of the will and the name, address, and resident registration number of the deceased at a place where the content of the will is indicated.

C. The Plaintiff filed an application with the Daegu Family Court for the approval seal on the instant testamentary document as the Daegu Family Court No. 2019Ra126, and the said court approved the original of the instant testamentary document on April 24, 2019.

On the above date, the plaintiff, the defendant, D, and E appeared, and the defendant stated at the time that " although the writing of a testamentary document is the same as that of the deceased's self-contestation, there is an objection to the contents of the will."

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of the whole pleadings】

2. In the case of a will based on the self-determination certificate as to the cause of the claim, the testator shall write his full text, date, address, and name and affix his seal (Article 1066(1) of the Civil Act). In the case of this case, there is no dispute between the parties as to the fact that the testator’s full text and date, address, and name are stated in the testament’s document, and the fact that the testator’s unmanned seal is affixed to the name near the lower part of the deceased’s name.

Therefore, the deceased’s will by the instant testamentary document is valid as satisfying the legal requirements as a will by a self-certificate as stipulated in Article 1066(1) of the Civil Act. As seen earlier, the Defendant continued to do so from the approval procedure to the instant testamentary document.

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