2012 Dives 918 Demanding the appointment of an executor

1. ○○ (27110-2)

2.EO0 (630708-1****)

Doz. (251212-1)

February 5, 2012

April 27, 2012

The claim of this case is dismissed.

A testator shall be appointed as the executor of the Sin △△△△ (630708-1***) as the executor of the Sinbry of the deceased.

Where a designated executor dies before the death of the testator, applying mutatis mutandis Articles 1089(1) and (2) and the main text and proviso of Article 1090 of the Civil Act, etc. to the death of the testator, the will with respect to the designation of the executor does not become effective and the legal inheritor becomes the executor of the will pursuant to Article 1095.

According to the records of this case, the testator already died on October 17, 2005, which was before February 5, 2012, on which the executor appointed as the executor of the will of this case, and on the one hand, the testator died. In accordance with the above legal principles, the heir of the actual affairs is the executor, and thus the court is not able to appoint a new executor.

Thus, the claim of this case is dismissed as it does not meet the requirements for appointment of the executor, and it is so decided as per Disposition.

April 27, 2012

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