Where a will can be objectively made by means of a document, sound recording, notarial document or confidential document, whether a will may be granted by an instrument of acceptance (negative)

Articles 1065 through 1070 of the Civil Act provide that the method of a will shall be clearly defined by the testator and prevent legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods may not be null and void even if it conforms to the authentic will of the testator. Since Article 1070(1) of the Civil Act provides that a will pursuant to an instrument shall not be permissible if it is not possible by the method of a self-written document, sound, notarial document or confidential document as prescribed in Articles 1066 through 1069 of the Civil Act due to illness or other urgent reasons, the testator may not be required to consider the subjective position of the testator in order to respect the truth of the testator, but it is not necessary to allow a will by the instrument of the instrument of the subscription, even if it is objectively possible by the document of self-written, sound, notarial document or secret document.

Article 1070(1) of the Civil Act

Plaintiff 1 and eight others (Attorney O Byung-il, Counsel for the plaintiff-appellant)

Defendant 1 and one other (Attorney Cho Hong-soo et al., Counsel for the defendant-appellant)

Seoul High Court Decision 97Na24834 delivered on March 13, 1998

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below, the non-party 1 was unable to use the deceased's will as a witness on October 5, 1992 and the non-party 2 was unable to use the deceased's non-party 1's non-party 1's non-party 5's non-party 1's will on the day when the non-party 5's will was removed from the deceased's office, and the non-party 1's non-party 2's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 5's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 9's will.

2. Article 1065 or 1070 of the Civil Act provides that the method of a will shall be strictly defined by clarifying the will of the testator and preventing legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods shall not be null and void even if it conforms to the authentic will of the testator. Therefore, as long as Article 1070(1) of the Civil Act provides that a will by means of an instrument shall not be permissible in cases where it is impossible by means of a self-written document, sound, authentic document or confidential document as prescribed in Articles 1066 through 1069 of the Civil Act due to illness or other urgent reasons, it is not necessary to consider the subjective position of the testator in order to respect the truth of the testator, but it is not necessary to permit a will by the instrument of acceptance even if the will is objectively possible by the certificate of completion, sound, authentic document or secret document.

The above fact-finding and judgment of the court below are generally accepted in accordance with the above legal principles, and there is no error in the misapprehension of legal principles as to the method of will by the old notarial deed. The grounds for appeal cannot be accepted.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the defendants who are appellant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-ho (Presiding Justice)