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(영문) 대구지방법원경주지원 2015.07.10 2014가합2488
유언효력확인의 소
Text

1. Among the Plaintiff, Defendant B, C, D, F, and G, the Daegu Family Court’s support for racing was 2014.

Reasons

1. Facts of recognition;

A. H died on March 1, 2014, and his heir was the Plaintiff, Defendant C, D, E, F, and G, the wife of which was the Defendant B, Defendant C, D, F, and G.

B. H did not designate an executor separately at the time of death or entrust a third party with the designation.

C. On June 19, 2014, the Plaintiff filed an application for the approval seal on a will letter prepared by H as the Daegu Family Court Branch of the Family Court No. 2014Ra124 (hereinafter “instant will letter”). D.

On June 19, 2014, the original of the will of this case was examined on the date of inspection of the will of this case. The form and content of the will of this case are as shown in the attached Form, and it consists of an envelope and a content of the will.

E. On June 19, 2014, Defendant D, E, F, and G stated that there was no opinion on the testamentary document at the approval date executed by Defendant D, E, F, and G.

However, the Defendants refused to prepare a written statement that there is no objection against the Plaintiff’s application for registration of real estate under the instant testamentary book.

[Ground of recognition] Defendant B, C, D, F, and G: Confession (Article 150(3) of the Civil Procedure Act) Defendant E: The non-contentious facts, and descriptions of evidence Nos. 1, 2, and 3

2. As to the Plaintiff’s claim against Defendant B, C, D, F, and G, the Defendant B, C, D, F, and G were served with a duplicate of the complaint and did not appear on the date for pleading without submitting a written answer. Therefore, the Plaintiff’s assertion is deemed to have been led to the confession of all of the allegations by the Plaintiff in accordance with the main sentence of Article 150(3) of the Civil Procedure Act.

Therefore, between the plaintiff and the above defendants, the letter of will of this case is effective, and the plaintiff has a benefit to seek confirmation.

3. Determination as to the claim against Defendant E

A. The Plaintiff and Defendant E’s summary of the assertion asserts that the instant will will be prepared by H on December 10, 201 and signed and sealed by H on the date of preparation, address, and name. On the other hand, Defendant E is forged in the instant will, or the address of H.

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