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(영문) 서울동부지방법원 2017.03.23 2016가합644
유언유효확인
Text

1. On August 23, 2015, a will made by the deceased A (D) on the basis of a certificate of completion as stated in the attached Form shall be confirmed to have its effect.

2...

Reasons

1. Basic facts

A. A died on November 5, 2015 (hereinafter “A”), and the Defendant is the only inheritor as the husband of the deceased.

B. On August 23, 2015, the Deceased bequeathed 5th apartment building on the ground of Songpa-gu Seoul E (hereinafter “the instant real estate”) to Chok F, the deceased’s executor designated the Plaintiff as the executor of the will (hereinafter “the instant will”) and written the preparation date, address, and name.

In addition, the seal of the deceased’s name is affixed to the name next to the name of the two pages of the testament of this case.

C. F applied for the seal of approval to the instant testamentary book as the Seoul Family Court 2015 Modan10649.

On February 3, 2016, the defendant's attorney stated that the completion of the will of this case was consistent with the deceased's friendship, but the Domaster may know it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and Gap evidence No. 6, the purport of the whole pleadings

2. Determination

(a) Pursuant to Article 1066 (1) of the Civil Act, a testator shall affix his/her own name and affix his/her seal to a will with a self-certificate as to whether it satisfies the requirements by a self-certificate of will;

As seen earlier, the facts that the deceased directly stated the full text, date, address, and name in the instant testament book are as follows. According to the results of the appraiser G’s stamp image appraisal, it is recognized that the following stamp image of the deceased’s name in the instant testament book is based on the deceased’s personal seal book, and thus, the fact of sealing the deceased’s seal is presumed also.

Therefore, the testament of this case is effective as the testament of this case was prepared according to the method stipulated in Article 1066(1) of the Civil Act, unless there are special circumstances.

B. On the grounds delineated below, the Defendant asserts that the will of the deceased is null and void for the following reasons. (A) The Deceased received hospital treatment from the end of December 2014 due to acute distress, etc.

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