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(영문) 대전지방법원 천안지원 2018.04.27 2016가합1055
유언효력 확인
Text

1. On May 19, 2016, with respect to the Daejeon Family Court's 2016 Diplomatic Branch's 214 case, the above court affixed the approval seal on May 19, 2016.

Reasons

1. Basic facts

A. On November 19, 2015, the network C (hereinafter “the deceased”) owner of each real estate listed in the separate sheet No. 2 list (hereinafter “each of the instant real estate”) died.

B. As the deceased’s heir, the deceased’s wife D (Ear, the deceased’s death after September 8, 2017) and the Plaintiff, Defendant, and F, who are their children.

C. After the death of the deceased, the Plaintiff discovered a will book (No. 1, hereinafter “the will book of this case”) with the same content as the attached Table 1.

On May 19, 2016, the Plaintiff was subject to the autopsy of the instant testament by the Daejeon Family Court Branch of 2016Ra214 on May 19, 2016. While the procedure for the autopsy of the said will is the Plaintiff, the Defendant, and the deceased D testament’s investigator’s protocol are the Plaintiff, the Defendant, and the deceased D will investigator’s protocol, the Plaintiff appears to refer to “D”.

(A) No. 2). The F was present at the meeting.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (if there are additional numbers, including each number; hereinafter the same shall apply), purport of whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is that the deceased prepared the testament of this case by satisfying the requirements of the will based on the self-certificate of completion. It is sought to confirm that the Defendant, the co-inheritors disputing its validity has the effect on the will of the deceased by the entry in the testament of this case.

B. A summary of the Defendant’s assertion 1) The Plaintiff filed a lawsuit against the deceased’s mother-friendly DNA through the instant lawsuit. Since the deceased’s death and the Plaintiff was the deceased’s representative of lawsuit, there is a reason to terminate the lawsuit in the instant lawsuit. 2) The Plaintiff filed a lawsuit to confirm the deceased’s will based on the entry in the instant testament, and the lawsuit for confirmation is recognized as a supplementary nature of the performance lawsuit.

However, the contents stated in the will of this case set forth an individual ownership relationship with respect to specific property.

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