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(영문) 수원지방법원 2019.01.22 2017가합12045
유언효력확인
Text

1. On December 13, 2016, Suwon District Court 2016-Ma2514, the above court in relation to the case of applying for the approval and trial of testament documents.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of the deceased G (Death on April 13, 2016, hereinafter “the deceased”).

B. On January 22, 2013, a testamentary document in the deceased’s name (hereinafter “instant testamentary document”) was drawn up as follows.

The testamentary document of this case was written as a handwritten, and the full text of the will, preparation date, address and name of the deceased are stated under the title of the “Will”, and the seal of the deceased’s seal is affixed on the right side of the name.

G H H I G

C. The instant testamentary document contains a statement stating that “the deceased’s real property and movable property shall be bequeathed to the Plaintiff.”

On October 26, 2016, the Plaintiff filed an application for the approval seal on the instant testamentary document with Suwon District Court 2016Ra2514, and the said court investigated the original of the instant testamentary document at the date of inspection conducted on December 13, 2016.

At the above date, Defendant B and D had raised an objection to the effect that the instant will document was forged.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s claim against Defendant B and D seeking confirmation of the validity of the instant testamentary deed, Defendant B and D asserted to the effect that the instant testamentary deed was not written by the Deceased, but by the Plaintiff’s forgery.

In the case of a will based on a shotry and a certificate of completion, the testator must write his full text, date, address, and name and affix his seal (Article 1066 of the Civil Act). The testamentary document of this case contains the full text and preparation date, address, and name of the deceased. The fact that the seal of the deceased is affixed is as mentioned above. In addition, if the purport of the entire pleadings is added to the result of the request for written appraisal to K of the appraiser J, the fact that the above several statements of the testamentary document of this case are written by the deceased is recognized.

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