The period for applying for approval of a will pursuant to an instrument of acceptance;

Where a testator makes a will by means of an instrument of acceptance due to the disease of the testator pursuant to the provisions of Article 1070 of the Civil Act, it shall be deemed that the urgent reason has ceased to exist on the date of the will, barring any special circumstances, and thus, an application for the approval seal shall be filed with the court within seven days from the date of the will,

Article 1070 of the Civil Act

Re-appellant

G. G. L. M. L. M. L. M.

Gwangju District Court Order 86BB6 dated July 3, 1986

The reappeal is dismissed.

The grounds of reappeal are examined.

Article 1070 (1) of the Civil Act recognizes the method of a will by an instrument of acceptance if the testator is unable to make a will by a certificate of completion, sound recording, notarial document or secret document due to illness or other urgent reasons, and stipulates in paragraph (2) of the same Article that the witness or interested person shall apply for the approval seal to the court within seven days after the date on which the urgent reason ceases to exist. The approval seal of the will under the above provision is a procedure to confirm that the will is made from the truth of the testator after the testator's will was made in a simple method called a instrument of acceptance due to urgent reason, and if there is no obstacle to obtaining the approval seal of the court, the approval seal shall be obtained within the prescribed period.

Therefore, in a case where a testator made a will by means of an instrument of acceptance due to the disease of the testator, it is necessary to apply for the approval seal to the court within seven days from the date of the will, barring any special circumstances, and the application for the approval seal with the lapse of the period should be dismissed as an unlawful application.

The decision of the court of first instance, which dismissed the application of the approval seal of this case on the ground that it was unlawful for the aforementioned application period, counting from March 12, 1986 and March 24, 1986, the application period for the approval seal of this case, which was executed with the intention to set up the above application period, even after the expiration of the above period, is inappropriate. There is no error of law by misunderstanding the legal principles as to the initial date of the application period of the approval seal of this case under Article 1070(2) of the Civil Act. The argument is groundless.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-soo (Presiding Justice)