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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 28, 2014, the network D’s will document (hereinafter “instant will document”) with the same content as the attached Form was drafted.
B. On June 24, 2015, the Defendant, who found the will of this case following the death of the deceased, requested the court to affix the seal of approval of the will document (this court 2015 shotle 1011) to the will document, which was approved on June 24, 2015.
C. The plaintiff and the defendant are the inheritors of the deceased.
[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1, purport of whole pleadings
2. The plaintiff asserts that the will of this case is not effective for the following reasons. Thus, the plaintiff's argument as to the cause of the claim is examined as to each of the above items.
A. At the time of the preparation of the instant testamentary book, the Plaintiff asserts that the address was erroneously written in F, even though the deceased’s resident registration address was “E at the time of the game,” and that the testamentary book was invalid, since the name of the apartment in B’s actual address as the testamentary donee was not written in the said testamentary book.
Articles 1065 through 1070 of the Civil Act stipulate strictly the method of will with the intention to clarify the will of the testator and prevent legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is null and void even if it conforms to the true will of the testator.
Therefore, pursuant to Article 1066(1) of the Civil Act, a will based on a written document of completion is effective only when the testator has signed and sealed the full text, date, address, and name. If the testator did not have the address, this cannot be denied as a will contrary to the statutory requirements and methods, and it cannot be deemed otherwise unless the testator has any obstacle to the specification of the testator.
Here, the address required by this Ordinance is not necessarily required to be registered under the Resident Registration Act, but at least the Civil Code.