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(영문) 수원지방법원안산지원 2017.05.11 2016가합971
유언효력확인
Text

1. On June 27, 2016, where Suwon District Court's Ansan Branch 2016 Diplomatic Inspection Request case was approved by the said court, the above court affixed an approval seal on June 27, 2016.

Reasons

1. Basic facts

A. C (the deceased on January 21, 2016, hereinafter “the deceased”) had children D, Plaintiff, E, F, G, and Defendant.

B. On October 22, 2010, a testamentary book in the deceased’s name (hereinafter “instant testamentary book”) was drawn up as indicated in the attached Form.

In the instant testamentary book, the full text, date of preparation, the address, resident registration number, and name of the deceased are indicated under the title of the “Will”, and the seal of the deceased’s seal is affixed to the right side of the name.

C. The full text of the will of the instant will state that “the Plaintiff grants H building 2 to the Plaintiff.”

On June 27, 2016, the head of the instant will was present at the Plaintiff, D, E, F, and G (in the absence of the Defendant only) in the Suwon District Court’s Ansan Branch (2016 D, E, F, and G on June 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 8 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, on his own initiative, prepared the instant testament, and sought confirmation that the deceased’s will is valid by the entry in the instant testament against the co-inheritors disputing its validity.

B. The writing of the Defendant’s will of this case differs from the writing of the deceased’s life. The contents of the will of this case are different from the writing of the deceased’s life. Thus, the contents of the will of this case are not effective as a will.

3. Determination

(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 1066(1)(b) of the Civil Act.

The facts that the will of this case contains the full text and date of the will, the address and name of the deceased, and the seal of the deceased is affixed to the right side of the name are as seen earlier. In full view of the purport of the entire pleadings as a result of the court’s commission of appraisal to appraiser I, the will of this case is prepared by the deceased before his birth, the will of July 6, 2005, the oil of April 1, 2010, and the oars.

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