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(영문) 광주지방법원 2020.02.07 2018가합52131
유언무효확인
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 1, 201, the net F (H life, hereinafter “the net”) died.

B. The deceased’s heir is the Plaintiffs, Defendant, I, and J, who are the deceased’s children.

C. On June 4, 2003, the deceased prepared a testamentary document No. 1249 of 2003 (hereinafter “the will of this case”) with the content that he testamentary gifts of each real estate listed in the attached list (hereinafter “each land of this case”) and the Defendant of 3,038§³ in Gwangju Mine-gu, and L 3,020 square meters, a notary public, with the content that he testamentary gifts the Defendant of 3,038 square meters of land in the attached list, the deceased prepared the said notarial deed (hereinafter “the will of this case”), and the said notarial deed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 8, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiffs asserted that the will of this case is null and void for the following reasons.

① The Deceased was in de facto incapable of performing the operation since he was suffering from the master cancer to the extent that it would not be possible at the time of the instant will. The Notarial Deed was made in a state where the Deceased had no capacity to perform the operation. As such, the instant will is null and void.

② Since the seal imprinted on the notarial deed of this case differs from the seal imprinted on the deceased’s certificate, the will of this case is null and void.

③ Article 38(3) and (4) of the Notary Public Act provides that “F”, the name of the deceased as indicated in the instant notarial deed, is written by the Defendant on behalf of the deceased, and Article 38(3) and (4) of the Notary Public Act provides that “If a notary public and a participant are unable to sign the notarial deed, he/she shall affix his/her signature and seal on the notarial deed, stating the reasons therefor, and a notary public and participant shall affix his/her seal thereto.”

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