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(영문) 수원지방법원 안산지원 2018.05.31 2017가합10593
유언유효확인의 소
Text

1. The Seoul Family Court 2017 Madan52082 decided Nov. 1, 2017 with respect to the case where a testamentary document or sound recording is approved.

Reasons

1. Basic facts

A. C (hereinafter referred to as “the deceased”) died on August 7, 2017, and the heir is the Plaintiff, F, G, and Ba-Ba H (Death on November 14, 2009)’s children, who were the wife of E and his/her children, who were the Plaintiff, F, G, and Ba-Ba (Death on March 13, 2010).

B. On July 20, 2017, a will book in the deceased’s name (hereinafter “the will book of this case”) as indicated in the attached Form was drawn up.

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

C. On November 22, 2017, the Seoul Family Court (Seoul Family Court 2017Radan52082) presented the deceased, G, and the Defendant’s appearance and affixed the seal of approval on the instant will book. It is doubtful whether the deceased was directly engaged in the writing in light of the time and time when the deceased’s death was made and the date and time when the deceased’s death was made, the state of health at the time, etc. The writing and the seal may not be recognized.”

[Ground of recognition] Facts without dispute, Gap evidence 1-1 through 9, Gap evidence 2-4, the purport of whole pleadings

2. Determination as to the cause of claim

A. 1) The Plaintiff’s assertion 1) prepared the instant testament on his own pen, and sought confirmation that the deceased’s will on the part of the co-inheritors disputing its validity is valid by the entry in the instant testament. 2) In light of the fact that the Defendant’s testament of this case is excessively good compared to the health condition of the deceased at the time, and is different from that of the ordinary body, and that the deceased managed the real estate and deposited assets corresponding to that of the ordinary body, there is doubt about the establishment of the said will in the sense that the deceased took the form of a testament, not a testament, rather than a testament, even in that it took the form of a testament.

B. 1) In the case of a will by means of a certificate of completion, the testator shall write his full text, date, address, and name and affix his seal thereto (Article 1066(1) of the Civil Act, and this case).

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