The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Basic Facts

[Ground for Recognition: The facts without dispute, Gap evidence Nos. 1 through 4, 8, and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings] The plaintiffs and defendant H are children of the network I (hereinafter "the deceased"), and defendant F is the spouse of defendant H, defendant E, and defendant H.

A notary public’s attorney K in charge of J on August 9, 2019, “The deceased designated Defendant D as a testament executor, and as a witness of Defendant D and Nonparty L, the real estate listed in attached Table 1 of the deceased’s property as a witness of Defendant D and Nonparty L, to Defendant F, the real estate listed in attached Table 2 of the attached Table 3, to Defendant G, the real estate listed in attached Table 4 of the attached Table 4, to the Plaintiffs, and to the Plaintiffs, the real estate listed in attached Table 5 of the attached Table 5 is the spouse of Nonparty M.

Defendant H shall respectively make a testamentary gift of all remaining cash, deposit claims, insurance claims, valuable securities, other goods, etc.

“A testamentary document stating the purport of the claim (hereinafter referred to as “Fair Deed”) was prepared.

The Deceased died on September 17, 2019.

The plaintiffs' assertion ① was made in a state without the deceased's mental capacity or without being signed by the deceased. ② Defendant D and L, the witness of the instant process deed, were not the representative who was commissioned or represented by the deceased due to Defendant H's seat. Thus, there is a reason for disqualification of witness under Article 33 (1) of the Notary Public Act.

Therefore, since the notarial deed of this case is not effective as a will by a process deed under Article 1068 of the Civil Act, the notarial deed of this case is sought confirmation of its invalidity against Defendant D and the remaining Defendants, who are capital increase.

Judgment

In the case of a will by a process deed stipulated in Article 1068 of the Civil Code, the testator is entitled to demand the tenor of the will in the presence of a notary in the presence of two witnesses, and the notary reads it and approves the accuracy of the testator and the witness.