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(영문) 대법원 1994. 11. 3.자 94스16 결정
[유언검인][공1995.1.1.(983),109]
Main Issues

The period for applying for approval of a will pursuant to an instrument of acceptance;

Summary of Decision

In case where a testator has made a will by means of an instrument to be bound by the disease of the testator, barring any special circumstances, he shall request the approval seal of the testator within seven days from the date of the will, in the absence of special circumstances.

[Reference Provisions]

Article 1070 of the Civil Act

Reference Cases

Supreme Court Order 86S18 dated October 11, 1986 (Gong1987,235) 89S11 dated December 13, 1989 (Gong1990,262) 91Da39719 Decided July 14, 1992 (Gong192,2383)

Re-appellant

Re-appellant

The order of the court below

Seoul Family Court Order 94BB30 dated April 28, 1994

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

In a case where a testator makes a will by means of an instrument of acceptance due to disease of the testator, it is the view of party members (see, e.g., Supreme Court Order 86S18, Oct. 11, 1986) that an application for approval shall be made within seven days from the date of the will, barring any special circumstances, and therefore, the court below's dismissal of the appeal against a ruling dismissing an application for confirmation of confirmation of will from the same view is justified, and there is no reason to re-appeal against the order of the court below against other opinions.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)

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