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(영문) 부산지방법원 2014.10.29 2014가합7240
유언효력확인
Text

1. Ascertainment that a will by means of a certificate of completion as stated in the [Attachment] dated October 2, 2013 of the net F is valid.

2. The costs of lawsuit shall be.

Reasons

1. Judgment by confession as to the claim related to Defendant B and C (Article 208(3)2 of the Civil Procedure Act)

2. Determination as to Defendant D and E’s claim

A. The facts of recognition (1) was established as the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, and G married with the Defendant B, and the Defendant C was employed as that person.

(2) G died on March 2013, and F died on November 27, 2013 (hereinafter “the deceased”). On October 2, 2013, the Deceased drafted a testamentary book in the attached Form (hereinafter “the instant testament”). The said testament’s seal is affixed to the deceased’s seal.

[Ground of recognition] The fact that there is no dispute, the result of fact inquiry about Gap's evidence 1 to 10-1, 2, and the head of Busan Jin-gu 2 Dong, and the purport of the whole pleadings

B. According to the above facts of recognition, in the case of a will based on a self-written will, the testator satisfies all the requirements of Article 1066(1) of the Civil Act that the testator must write his full text, date, address, and name and affix his seal. Thus, barring any special circumstance, it is effective as a will by a self-written will, and there is a benefit of confirmation insofar as the Defendants are disputing the validity of the above will.

C. (1) Determination of the assertion by Defendant D and E on the lack of mental capacity (A) Determination of the assertion by Defendant D and E is null and void inasmuch as the testament of this case was prepared without the deceased’s mental capacity in the state where the deceased was satisfed with the horses.

(B) As a result of the fact-finding conducted by this court on the head of Busan Regional Headquarters of the National Health Insurance Corporation, the purport of the entire pleadings can be acknowledged that the deceased was suffering from her disease from her death from around November 27, 2013. However, the head of the instant will was prepared on October 2, 2013, which was two months before the deceased died from her death to her end-time, and at that time there was no special obstacle to the communication of the deceased and there was no obstacle to the recognition function.

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