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(영문) 서울중앙지방법원 2020.09.10 2018가합523513
유언효력확인의 소
Text

1. The will of the deceased F (G birth, death on March 5, 2018) by a self-certificate prepared on August 9, 2015 is effective.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are children of the networkF (hereinafter “the network”).

The Deceased died on March 5, 2018.

B. On April 4, 2018, the deceased’s death, the Seoul Family Court 2018-Ma51133, the Plaintiff applied for the approval seal of the testament certificate. On August 9, 2015, the testator’s name, which was subject to the approval seal, was written as indicated in the separate sheet, and the full text, preparation date, the name, and the name of the deceased were written under the title of the testator’s name, the date of preparation, the name of the deceased’s address, and the signature and seal of the deceased’s personal seal on his/her right side.

(hereinafter the above will (hereinafter referred to as "the will of this case"). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Determination on the cause of the claim

(a) In case of a will by a self-certificate, the testator shall affix his seal thereon with the full text, date, address, and name; and

(Article 106(1) of the Civil Act provides that the authenticity of a document may also be proved by the comparison of the penmatics or seal impressions, and the comparison of the penmatics or seal imprints or seal imprints shall be a matter belonging to the free trial of the fact-finding court, and where it is deemed that the penmatics or seal imprints or seal imprints of the document, which is the object of proof, are the same as the penmatics or seal imprints or seal imprints of the document maker, the authenticity of the document may be recognized unless there are special circumstances. In this case, the court may determine the authenticity of the document by means of a written appraisal without the need to determine the same as the pen

(See Supreme Court Decision 95Da38240 delivered on December 12, 1997, etc.). B.

According to the above legal principles, the writing of No. 2, and appraiser H’s written appraisal result, the writing of the testament of this case is recognized as having the same facts as the writing of the deceased. Therefore, it is reasonable to deem that the testament of this case was prepared by the deceased in his own writing before his birth, and its authenticity is recognized.

In addition, the will of this case is specialized in the will of this case.

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