The plaintiff's lawsuit against the defendant C is dismissed.

The original branch of the Chuncheon District Court is the principal branch of the Plaintiff and Defendant B.

Basic Facts

Defendant C is the spouse of the deceased D (hereinafter referred to as “the deceased”), and the Plaintiff and Defendant B are the children of the deceased.

The Deceased died on March 31, 2019.

On June 25, 2019, after the death of the deceased, the Plaintiff applied for the approval seal of the testamentary document as the main district court of Chuncheon on June 25, 2019 as the main court of 2019 Yancheon District Court (hereinafter referred to as the “the testamentary document of this case”) and the head of the will on June 15, 2018 (hereinafter referred to as the “the testamentary document of this case”) is as shown in attached Table 1.

The text of the instant will was drawn up, and the title "the will" is written on the top of the last part, and the following contents of the will are written, and the date on which the will is drawn up, the name, resident registration number, and the address of the deceased are written in order.

In addition, the seal of the deceased is affixed on the name side of the deceased [the contents of the words are that the title preservation of the attached Table 2 shall be inherited to the plaintiff (the title of the apartment of this case shall be deemed to refer to testamentary gift) with the completion of the registration of ownership preservation in the name of the deceased. November 15, 2019, when the plaintiff and the defendant C attended the meeting, the approval approval procedure for the testament of this case was carried out. In the above procedure, the plaintiff stated that the testament of this case is a testament by the deceased's own writing.

On the other hand, Defendant B, through submitting reference materials on November 11, 2019, is suspected that the body of the instant testament is not the body of the deceased, and therefore, there is an objection to the contents or enforcement of the will.

The argument was asserted.

[Grounds for recognition] In the absence of dispute, entry of Gap's evidence Nos. 1, 2, and 4 (including number number; hereinafter the same shall apply), and the purport of the entire pleading as to the lawsuit against defendant C as to the legitimacy of the lawsuit against defendant C, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation shall be guaranteed against the defendant when the plaintiff's right or legal status is currently unstable or dangerous and removing such apprehension or risk.