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(영문) 서울서부지방법원 2017.12.21 2017가합31210
유언효력확인 청구의 소
Text

1. The movable property and movable property indicated in the attached Table 2 list owned by the deceased D on September 18, 2016, as stated in the self-certificate of completion.

Reasons

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) died on October 6, 2016, and its heir is the Plaintiff and the Defendants.

B. On September 18, 2016, a will book in the deceased’s name (hereinafter “the will book of this case”) was prepared as shown in attached Table 1.

The testament of this case is written in the name, resident registration number, address, full text of a will, date of preparation, etc. under the title of the “Will” and the seal of the deceased is affixed on the right side of the name.

C. The full text of the will of this case states that “The real estate, movable property, and deposit claims listed in the attached Table 2 shall be inherited to the Plaintiff, and 3/5 shares among each real estate listed in the attached Table 3 shall be inherited to the Plaintiff, and 2/5 shares shall be inherited to Defendant C, respectively.”

On January 24, 2017, upon the Plaintiff’s request, the Seoul Family Court 2016Ja9206, and the Plaintiff and the Defendants’ agents were present at the meeting, and the seal of approval was affixed to the instant will.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 7 evidence, purport of the whole pleadings

2. Determination

A. The testator shall write his full text, date, address, and name (Article 1066(1) of the Civil Act) and affix his seal on the testator’s full text, date, and name (Article 1066(1) of the Civil Act); the full text and date of the will, the address and name of the deceased are stated in the testament, and the seal of the deceased is affixed on the right side of his name as seen earlier; in full view of the overall purport of the arguments as a result of the appraiser E’s appraisal, the testament of this case is the deceased’s letter, and the seal affixed on the testament of this case may also be recognized

Therefore, a will by the deceased’s testament of this case is valid as satisfying the requirements of a will by a self-certificate, and as long as the Defendants dispute the validity of a will by the will of this case, they seek confirmation.

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