Whether the method of will by means of a written document with a self-written document includes a seal affixed to the seal of the testator under Article 1066(1) of the Civil Act (affirmative)

A seal referred to in Article 1066 (1) of the Civil Act, which prescribes the method of a will by a certificate of completion, includes an unmanned seal.

Article 1066(1) of the Civil Act

Appellant 1 and 3 others (Attorney Cho Young-young, Counsel for the appellant)

Nonparty 1 and one other (Attorney Down-hun, Counsel for the plaintiff-appellant) -

1. Each of the real estates listed in the Schedule of Real Estate listed in paragraphs (3), (5), and (7) shall be jointly owned by the claimant, each of the real estates listed in paragraphs (2) and (4) shall be owned by the counter party 1, each of the real estates owned by the counter party 1, (1), (6), (8), and (9) shall be divided into two owned by the counter party 2, and simultaneously paid by the counter party 1, the claimant shall be KRW 964,432, and the counter party 2 shall be paid KRW 4,411,914, respectively.

2. The claimant's remaining claims are all dismissed.

3. The costs of a trial shall be five minutes and four of them shall be borne by the claimant, and the remainder by the other party.

Each real estate listed in paragraphs (1) through (7) of the attached list shall be divided into the ownership of the claimant and the other party as shown in the attached list according to their respective statutory inheritance ratio in the attached list of shares, and the remaining amount after deducting the auction cost from the proceeds of the auction by being attached to the auction listed in paragraphs (8) and (9) of the attached list of real estate shall be distributed to the claimant and the other party according to their respective statutory inheritance ratio in the attached list of shares.

1. Occurrence of the claim for partition;

A. Comprehensively taking account of the purport of examination as to Gap evidence 1-1 through 9, evidence 1-2-1 through 8, evidence 2-1 through evidence 3, and the purport of examination as to each of the real estate listed in the separate evidence No. 3 (hereinafter referred to as the "each of the real estate in this case"), the transfer registration of ownership in the name of the non-party was made with respect to each of the real estate listed in the separate evidence No. 1-2-2-3-2-17-2-3 under the name of the claimant 4-2 and the non-party 2-2-17-2-6/17-2-6/17-2-6/17-2 under the name of the counter-party 1-6/1984, since each of the real estate in this case was registered under the name of the counter-party 1-6/17-2-17-2-198-14-14-17-197-22-14-17-197-14-2-14-2.

On the other hand, as seen below, other parties 2 dispute the existence of co-ownership relationship between the claimant and the other party for each real estate of this case, and it is clear that there is no intention to consult on the method of partition of each real estate of this case, and it can be recognized that the consultation on the method of partition was impossible from the beginning to the claimant and the other party, and there is no counter-

Therefore, the claimant can file a claim against the other party for partition of co-owned property on each of the instant real estate.

B. On the other hand, the other party 2 argues that since each of the instant real property was owned solely by the other party due to the death of the other party by the deceased non-party to the testamentary gift to the other party 2, the registration of transfer of each share based on the inheritance of the property made in the name of the claimant and the other party 1 is invalid.

Therefore, considering the whole purport of the examination of evidence Nos. 1 through 3, witness testimony, individual resident registration record card verification result of the party member's individual resident registration record card verification result of appraiser's interest-based unmanned appraisal result, it can be acknowledged that each of the real estate of this case was bequeathed to other party 2 by will on November 1, 1985, prior to the death of the deceased non-party, and there is no other counter-proof evidence. Thus, each of the real estate of this case was owned solely by other party 2 under each of the above non-party's death (Evidence No. 6) and the transcript (Evidence No. 7). The deceased non-party's death as of November 17, 1984, but it was erroneous by the other party 1, and it is obviously recognized by the purport of examination No. 3 of the deceased non-party's death on December 20, 1985 (the date of death of the deceased non-party on November 1, 199).

Therefore, since the registration of transfer of ownership of each share on each real estate of this case, which was made in the name of the claimant and the counterpart one, is null and void due to lack of the cause, the defense is well-grounded (the claimant asserts that the will by the above certificate of completion does not take effect as a will lacking the "signing of the testator" under the Civil Code, but it is reasonable to view that the seal as referred to in Article 1066 (1) of the Civil Code includes the seal affixed under the above provision

C. As to this, the claimant asserts that the other party 2 renounced the legacy as above after the death of the deceased non-party, but there is no evidence to acknowledge this, and therefore the above re-claim is without merit.

D. Also, even if the above deceased non-party's will is valid, the claimant's assertion that it is not effective to the extent of exercising the right to claim the return of legal reserve of inheritance.

(1) Determination

Therefore, the facts that the legal brief exercising the right to return the legal reserve of inheritance reach each other are apparent in the record, and the testamentary gift shall be invalidated to the extent that the testamentary gift is infringed upon by the declaration of the right to return the legal reserve of inheritance when the testamentary gift was infringed upon by the declaration of the right to return the legal reserve of inheritance. Thus, the testamentary gift within the scope of each legal reserve of inheritance between the claimant and the other party 1 may lose its effect, and the claimant and the other party 1 may claim the return of the share within

(2) Scope of legal reserve of inheritance

Furthermore, with respect to the scope of each legal reserve of the claimant and the other party 1, in full view of the statement of No. 6, No. 7, Eul evidence No. 7, Eul evidence No. 3 (Provided, That the above evidence No. 6 and No. 7 are excluded from each part of the above evidence No. 7), and witness testimony, the above deceased on Dec. 20, 1985 ( Nov. 9, 1985) and his/her heir of the property can be acknowledged as the head of South, the facts of No. 1, No. 6, No. 7, and No. 7, and some of the statements of No. 6 and No. 7 are contrary to the above evidence No. 1, No. 1,2, and 3, who are married to the family head of the family, and the heir of the property can be recognized as the head of South, and there is no counter-proof evidence.

According to the above facts, the above deceased's property heir is limited to the claimant and the other party, and the statutory share of inheritance shall be 1/17 of the claimant, 2, and 3, respectively, who is a father, 1/17, 4/17, and 6/17 of the claimant, 1, 2, and 4/17, who is a father, and 2, who is a father, as the head of family, and 1/17 of the other party, who is a father, as the head of family, is 1/2 of the inheritance pursuant to subparagraph 1 of Article 112 of the Civil Act, and the scope of the legal share of inheritance shall be 1/34, 34, 34, and 6/34, respectively.

2. Method of partition;

A. In full view of the results of the party member's on-site inspection, the results of the appraiser Kim Jong-l's survey and appraisal, and the whole purport of the examination results of the appraiser's market price appraisal results, each of the real estate listed in (1) through (7) of the annexed Table of Real Estate is a large and large answer, in which most of the rectangular forms are rectangular, and the public transport is good, and among them, each of the real estate listed in (2) and (4) is occupied and used by the other party 1, and the real estate listed in (8) and (9) of the same list of real estate is the real estate stated in (8) and (8) of the same list of real estate, there are one set of 1 and 1 store affiliated with the steel-frame, iron-frame, steel-frame, roof, and slock slock, but

B. According to the above facts, each of the real estate in this case appears to be impossible to divide ownership in light of its structure, use, area, etc. and the value of the real estate in this case is likely to significantly decrease according to the auction division. Therefore, considering all other circumstances revealed in the examination in this case, such as the status of the claimant and the other party's possession and management of each of the real estate in this case, a final resolution of the dispute between them, and their presumption intention, it is reasonable to return the difference in kind of real estate in this case.

(c) Division in kind and refund of the difference thereof;

(1) Property based on the calculation of legal reserve of inheritance

Comprehensively taking into account the purport of the examination of each of the above employed evidence, the current exchange price of each of the real estate of this case bequeathed by counterpart 2 as the active property owned by the deceased non-party at the time of the commencement of the inheritance of this case,

(A) 173,910,000 m2,046 m2,000 m2,046 m2,04

(B) 46,420,000 m2,110 m2,110 m2,000 m2,00,00

(C) 4,000 m200 m2,000 m2,000 m2,000 m2,000

(D) 4,000 m20,000 m2,000 m2,000 m2,000 m2,00

(E) 37,050,000 m2,850 m2,850 m2,850 m2,000 m2

(f) 2,250 m29,250 m29,000 m2,250 m2,250 m2,00

(G) 30,343,500 m2,000 m2,839 m2,000 m2,00

(h) 1,020 m20 m20 m28,700 m20 m2,000

(i) Samchi-Eup (hereinafter referred to as the "Seochi-gun") in the Jeonchi-gun of North Korea

2,229,360 won, of 18.1 square meters (92.89 square meters) in 10,000 square meters in 28.1 square meters in 20,000

The above ground-based affiliated building No. 1, woodacoa and warehouse 37.3 square meters (123.3 square meters)

87,760 won,

The above ground-based affiliated buildings No. 2, wood sap and sap 23 square meters (76 square meters)

722,00 won high-ranking

The aggregate amount is KRW 633,512,620, and it is recognized that there was no obligation of the deceased. Thus, the property which is the basis for calculating the legal reserve of inheritance of this case is each of the real property of this case.

(2) The amount of legal reserve of inheritance between the claimant and the other party 1 and the amount of legacy of 2 others

In full view of the facts that the deceased non-party bequeathed each of the instant real estate to the counter-party 2, as seen earlier, and comprehensively taking account of the evidence employed earlier and the whole purport of examination as to Gap evidence No. 5, the claimant can recognize the fact that the claimant agreed to hold each of the instant real estate jointly. Thus, the value of each of the respective shares owned by the claimant and the counter-party is as follows.

(A) Total amount of the claimant's reserve of inheritance

F.: gold 130,429,068 won [633,512,620 won x 7/17 (1/17 +17 +1/17 +1/174/17) x 1/2, and fewer than sources];

(B) The legal reserve amount of the other party 1

F. : 11,796,344 won (63,512,620 won x 6/17 x 1/2 and less than won)

(C) The amount of other party 2's legacy

- Gold 391,287,206 won (63,512,620 won x 21/34, less than won)

(3) Return of the real property belonging to the claimant and the other party and the difference;

As seen earlier, it is reasonable to divide each real estate of this case into the claimant and the other party as follows and to have the difference paid at the same time.

(A) The claimant's real property

(1) 1,839 square meters in paddy-do, Jeonbuk-gun (hereinafter referred to as "fluorial field") in Jeonbuk-gun.

Exchange price of KRW 30,343,500

(2) 4,00 square meters in paddy-do, Jeonbuk-gun (hereinafter referred to as "propon") in Jeonbuk-gun.

Exchange Price 64,000,000

(3) 2,850 square meters in paddy-do, Jeonbuk-gun (hereinafter referred to as "propon") in Jeonbuk-gun.

Exchange Price 37,050,000

(4) Total value of the above real estate

gold 131,393,500 won (30,343,500 +64,000,000 +37,050,000)

(B) The real estate owned by other party 1

(1) 2,110 square meters in paddy-si in Jeonbuk-gun, Jeonbuk-gun (hereinafter omitted)

Exchange Price 46,420,000

(2) 4,00 square meters in paddy-do, Jeonbuk-gun (hereinafter referred to as "propon") in Jeonbuk-gun.

Exchange price of KRW 60,000,000

(3) Total value of the above real estate

Gold 106,420,000 won (46,420,000 +60,000,000)

(C) The real estate owned by other party 2

(1) 1,020 square meters in paddy-do, Jeonbuk-gun, Jeonbuk-gun (hereinafter omitted)

Exchange price of KRW 188,700,000

(2) The three-dimensional Eup in the territory of the Republic of Korea (hereinafter referred to as the "Seoul-gun").

The above ground wooden mentor and coagum residential house 28.1 square meters (92.89 square meters)

Exchange price 2,229,360 won

The above ground-based affiliated building No. 1, woodacoa and warehouse 37.3 square meters (123.3 square meters)

Exchange price of KRW 87,760

The above ground-based affiliated buildings No. 2, wood sap and sap 23 square meters (76 square meters)

Exchange price of KRW 722,00

Total amount of 3,839,120 won (2,229,360 +87,760 +722,000)

(3) 2,250 square meters in paddy-si in Jeonbuk-gun, Jeonbuk-gun (hereinafter omitted)

Exchange price of KRW 29,250,000

(4) The 2,046 square meters wide and 2,046 square meters wide and 2,046 square meters in Sejong Special Metropolitan City.

Exchange price of KRW 173,910,000

(5) Total value of the above real estate

gold 395,69,120 won (188,70,000 +3,839,120 +29,250,000 +173,910,000)

(D) Settlement of the difference amount

(1) The amount payable by the claimant to one other.

Gold: 964,432 won (131,393,500-130,429,069)

(2) The amount payable by other party 2 to one other party.

gold: 4,411,914 Won (395,69,120-120-391,287,206)

3. Conclusion

If so, each of the real estate listed in the attached list of real estate listed in paragraphs (3), (5), (7) shall be jointly owned by the claimant, and each of the real estate listed in paragraphs (2), (4) shall be owned by the counter party 1, (1), (6), (8), and (9) shall be divided into two owned by the counter party 2, while each of the real estate listed in paragraphs (1), (6), (6), (8), and (9) shall be divided into two owned by the counter party 1, the counter party 1 shall be paid a gold amount of KRW 964,432, and the counter party 2 shall be paid a gold amount of KRW 4,41,914, respectively. Thus, the claim of this case by the claimant shall be quoted within the extent of the above recognition, without any justifiable reason, and all of the remaining claims shall be dismissed, and the trial costs shall

Judges Lee Jae-hee (Presiding Judge)