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1. As to the case involving the father-do branch court of the Incheon Family Court 2016 Dives-Ma101 testamentary document inspection, the above court shall have jurisdiction over the case on November 23, 2016.
Reasons
Based on the facts, the Plaintiff is the father-child of the deceased on September 5, 2016 (hereinafter referred to as “the deceased”), and the Defendant is the male part of the deceased.
As the inheritor of the deceased, there are E, F and the defendant who is the spouse, the parent of the deceased.
On September 6, 2016, the Plaintiff discovered a testamentary book with the same contents as the attached Form (hereinafter “instant testamentary book”).
The testament of this case shall include the name, resident registration number, and address of the deceased under the title of the testamentary book, and shall include the contents, date of preparation, and the name of the deceased, and shall be indicated in the order, on the name of the deceased, the stamp image, unmanned, and signature of the deceased.
On November 23, 2016, the Plaintiff received an autopsy from the Incheon Family Court Branch of 2016 Ma1011 with respect to the instant testamentary book, and the Plaintiff, the Defendant, the Defendants, the E, F, G, and H appeared in the above testamentary book procedure, and the Defendant stated that the instant testamentary book was prepared in the state of not the deceased’s war but the deceased’s war on the date of the testament.
[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings] The plaintiff defendant alleged that the plaintiff defendant prepared a written will of this case in a situation where the deceased person's spirit was not disturbed. Thus, the plaintiff, who is the deceased's executor, seeks to confirm that the will of this case is effective in a written will of this case as the defendant in order to execute the will.
The Defendant Deceased prepared a testament of this case with no mental capacity due to serious mental illness. As such, the will mentioned in the testament of this case is null and void.
The part of the will about the Incheon Viewing Social Welfare Department among the will of this case is null and void because it has no legal capacity to do so with the Incheon Viewing Social Welfare Department as a donee.
In the case of a testamentary gift stated in the instant testamentary gift, “I”, “two sales rights,” and “I” and “I” respectively.