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(영문) 서울중앙지방법원 2020.07.09 2020가합500674
유언효력확인의소
Text

1. On December 17, 2019, Seoul Family Court Decision 2019Hun-Ma5277, with respect to the case of will seal of approval, the testator F with seal of approval.

Reasons

Basic Facts

The deceased F (hereinafter referred to as “the deceased”) died on July 2, 2019, and the heir is the Plaintiff and the Defendants, who are children.

On May 24, 2019, the deceased left a written will (hereinafter referred to as “instant will”) as indicated in the attached will.

The testamentary document of this case contains the contents, preparation date, address, resident registration number, and the name of the testator under the title of the testamentary document, and the identity of the testator is affixed with the seal and the seal of the deceased, and the testament document of this case contains the content that “80% of the deceased’s all property (movable, real estate, and passbook) shall be given to the remaining Plaintiff upon the death of the deceased, and the remaining 20% shall be divided to the Defendants.”

On July 19, 2019, the Plaintiff applied for the approval seal of the instant testamentary document as Seoul Family Court Decision 2019Ra5277, and the said court investigated the original of the instant testamentary document on December 17, 2019.

The Plaintiff and the Defendants appeared on the foregoing date, and the Defendants appeared to have been present on the designated date, and they appear not to have the seal or seal imprint affixed to the deceased, although the body of the instant testamentary document is consistent with the deceased’s ordinary use. There is an objection to the enforcement of the testamentary document as to the content or content of the testamentary document. The contents of the will are different from what the testator had drank, and the testator’s mental health condition or attitude at the time of the preparation of the testamentary document are likely to not be a serious intention.

【In the absence of dispute, a will based on a self-determination document on the evidence A, Nos. 1 through 4, and Nos. 5, and on the cause of a claim for the entire pleadings, the testator shall write his full text, date, address, name, and affix his seal (Article 1066(1) of the Civil Act). As to the testamentary document of this case, the full text and date, address, resident registration number, and name of the deceased are written in his own pen.

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