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(영문) 수원지방법원평택지원 2020.12.17 2020가합11669
유언효력 확인의 소
Text

The above court shall have regard to the case of approval seal on the certificate or sound recording of a will 2020 shot-do 10088, which is a member of the Suwon Family Court.

Reasons

1. Basic facts

A. As the deceased D (hereinafter “the deceased”) died, the Plaintiff and the Defendants jointly inherited the deceased’s property.

B. On November 18, 2014, the Deceased: (a) donated the Plaintiff’s land and ground, F, G, H, I, J, K, H, K, and M to the Defendants, and (b) donated N,O, and P land to the Defendants, by means of a testamentary document stating that “The executor of the will shall designate the Plaintiff as the Plaintiff.”

(hereinafter referred to as “instant testamentary document”). C.

The testamentary document of this case is composed of two copies, and the upper part of the first part is written as a testamentary document, and next, the name, resident registration number, and address of the deceased who is the testator is written.

The following B.

The contents of the will such as the description in the port, the date of preparation of the will document, the writing signature of the deceased who is the testator, and the seal of the deceased is affixed next to it.

The Plaintiff filed an application for the approval seal on the instant testamentary document with the head of Suwon Family Court No. 2020 Ma10088, and the said court investigated the original of the instant testamentary document on July 15, 2020.

On the date of the examination of the above will, the Plaintiff and the Defendants attended each other, and the Defendant C stated that “the authenticity of the will of this case is doubtful,” and accordingly, a protocol of approval, which includes a statement of such intent, was prepared.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. 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). The testamentary document of this case contains the full text, date, address, name, etc. of the deceased as his own pen and is recognized as above. Thus, a will based on the testament of this case shall be the Civil Act.

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