1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. The defendant is among the real estate listed in the separate sheet.

1. Basic facts

A. The Plaintiffs are children born between the deceased D (the deceased on May 28, 2016, hereinafter “the deceased”) and the Defendant, and the Defendant is the husband of the deceased.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is the real estate owned by the deceased. On April 20, 2016, the deceased was present at the hospital by horse cancer, and on April 20, 2016, the deceased donated the instant real estate to A by 3/10 and 7/10, and the testamentary gift becomes effective due to B’s death, as shown in the separate sheet (Evidence A No. 2). In the presence of the Plaintiff B, E, and F, the deceased: (a) prepared a testamentary document stating that “E shall be designated as an executor to perform the said testamentary gift with which the executor participates in the designation of the executor; (b) recorded the preparation date, name, and address; and (c) affixed a seal on the name.

C. The portion of the testamentary gift document of this case, as well as the preparation date, name, and address of the deceased directly, but the “name, resident registration number, address, and telephone number” and each witness’s “name, resident registration number, address, and telephone number” relating to the designation of executor and witness column were indicated by E.

At the time of death, the Deceased had a total of KRW 1,188,441 deposit claim in a corporate bank in addition to the instant real estate.

[Basis] Facts without dispute, Gap evidence 1-1 to 6, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 8, 11, Gap evidence 6, 7, Gap evidence 9-1, 2, and Gap evidence 10-1, 2, and 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. (1) The instant testamentary document is divided into the part of the executor and the part of the testamentary gift. Of them, even if the part designated as the executor is null and void because it does not meet the requirements of the testator, the portion relating to testamentary gift satisfies all the requirements of testamentary gift with the certificate of completion required by Article 1066 of the Civil Act.