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(영문) 서울중앙지방법원 2017.12.20 2016가합516535
유언무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. An unmarried victim’s primary facts C adopted the Plaintiff on July 8, 201, which is his/her second sentence D, on his/her own second sentence D, and on November 28, 2013, the first type E-Fourth Defendant was adopted.

On February 6, 2014, the Network C: (a) at the office of Songwon-gu, a notary public, in the presence of notary public F, witness G, and H, bequeathed the property owned by the network C to the Defendant as described in the attached list, and made a will to designate G to the executor of the will (hereinafter referred to as “instant will”), and the content thereof was written in an authentic document.

The net C died on June 28, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 7, 12, and the purport of the whole pleadings

2. The Plaintiff’s cause of the claim was not only the state of office ability that makes it impossible to make a normal decision due to the aggravation of dementia at the time of the instant will, but also the instant will was made by a notarial deed. A witness G is a person who is close to the Defendant, such as managing the property or filing a complaint against the Plaintiff on behalf of the network C, by means of the fact that the network C is the state of office ability. The instant will is invalid due to lack of substantial and formal requirements.

3. Determination

A. In addition to the descriptions in Gap evidence No. 4 through 6, 8, 9 through 11, 13 through 21, the following facts are acknowledged in the evidence as to whether the deceased C was incompetent at the time of the instant will. ① As a result of the neological examination conducted at the National Medical Center on March 8, 2013 with the network C, the network C was suspected of being alzime de facto managementia or mixed dementia when comprehensively considering the results of the mste 22, which is a simple inspector for the identification function line, other dementia 1, and GDS 5. ② As a result of the mste examination conducted at the National Medical Center on January 13, 2014 at the National Medical Center, the network C was also suspected of being alzimecime or mixed dementia, which is a simple inspector for the identification function line.

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