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(영문) 서울동부지방법원 2018.12.19 2018가합107204
유언효력확인의 소
Text

1. The attached wills written by the deceased F (G birth, death on September 25, 2017) on September 24, 2017 shall be valid.

Reasons

1. Basic facts

A. The plaintiff is the land of F (hereinafter referred to as "the deceased"), and the plaintiff asserts that the plaintiff is the land of the plaintiff's money and the deceased's money, as the land of the plaintiff's money and the deceased's money, and the plaintiff and the deceased are the sixth degree of death.

However, there is no clear evidence to acknowledge this.

Defendant B is the mother of the Deceased’s external villages, Defendant C, D, and E.

B. On September 25, 2017, the Deceased was found to have committed suicide in the telecom as soon as he/she was dead on September 25, 2017, and thereafter, the attached note stating that “the deceased’s entire property shall be bequeathed to the Plaintiff” (hereinafter “instant testament”).

The testamentary book of this case contains the full text of the will, the date of preparation, the address and name of the deceased, and the name of the deceased are affixed to the right side of the name of the deceased.

C. On May 16, 2018, the Plaintiff’s agent and Defendant B, C, and E were present at the meeting of the Incheon Family Court as the Plaintiff’s agent and Defendant B, C, and E with respect to the instant will book.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-16, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants, the inheritor of the deceased, have asserted the validity of the will, even though the deceased’s will based on the written self-written document was made by the deceased, sought confirmation that the above will is valid.

B. The plaintiff did not have any relationship with the deceased, and the part on the preparation date of the testament of this case was written. The part on the completion date of the testament of this case was written, and the will of this case is not valid pursuant to Article 106(2) of the Civil Act, since there was no person or seal of the deceased on the completion date.

3. In order to make a will by a written judgment completion certificate, the testator shall affix his seal thereon with the full text, date, address, and name.

(Article 106(1) of the Civil Act. This case’s will’s professional department and preparation date, address and name are stated in the will’s will, and the name of the deceased is on the right side of the deceased.

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